Death and Digital Assets

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Our lives are now carried out online far more than they were even 10 years ago.

E-mail accounts, Paypal accounts, Bitcoin, Etsy accounts, blogs, digital photos, media players, gaming accounts, social media accounts etc are all digital assets.

However, there is no actual definition of what a digital asset is.

What happens to those digital assets after your death? How can you protect those assets and not lose sentimental or financially viable items?

Unfortunately, the law is very unclear in this regard and there is no correct answer. There is no consistency between service providers on how they deal with these items. Some social media platforms can be taken offline, frozen or used as a memorial. Apple provide a legacy feature allowing someone to access their account after their death. Some of these digital assets are not deemed to be owned by you and some view email as information rather than an asset. It may be necessary to obtain a court order to gain access to such accounts. This is time consuming and expensive. Cryptocurrency i.e. Bitcoin is an asset that can only be accessed with a passkey. It is vitally important to leave a record of your passkey so that the account can be accessed after your death.

What you can do:-

  • Make a comprehensive list of your digital assets
  • Keep your passwords and other details in a password manager and provide the login details to your executor or leave a sealed envelope with your Will. Ensure you update the details in the manager when you update your password or other information.

CQS Re-accreditation July 2021 to 2022

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We are delighted to announce that we have been reaccredited from July 2021 – July 2022 by the Law Society’s Conveyancing Quality Scheme (CQS), which is a recognised quality standard for residential conveyancing practices.

This shows our clients and other third parties that we have the expertise to deliver nationally recognised quality residential conveyancing advice; use standardised processes to recognise and reduce risks and that we inform clients about what to expect when using our conveyancing services.

The accreditation also gives greater access to lenders, and demonstrates that we can provide residential conveyancing advice of the level expected by clients, lenders and the wider residential conveyancing community.

The award is testament to the dedication and expertise of our Conveyancing department who have worked through the additional challenges of the Pandemic, as well as managing additional high volume workflows due to Stamp Duty Land Tax reductions over the past year.

Adams Harrison CQS Certificate july 21-22

Haverhill Show July 2021

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We were delighted to be at yesterday’s Haverhill Show, where we sponsored the music and contributed to funds raised for local charities and good causes for the town. Adams Harrison At Haverhill Show July 2021 01 Adams Harrison At Haverhill Show July 2021 02 Adams Harrison At Haverhill Show July 2021 03 Adams Harrison At Haverhill Show July 2021 04

Calls For Long Covid To Be Recognised As A Disability

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The Trade Union Congress (TUC) has called for long Covid to be recognised as a disability and for Covid-19 to be classified as an occupational disease, a move that would grant legislative protections and access to compensation for workers.

A TUC report demonstrated that 5% of those questioned revealed that they had lost their jobs as a result of the impacts of long COVID.

Under the Equality Act 2010 it is unlawful discrimination to treat an employee or worker less favourably due to a “protected characteristic”. Disability is a named protected characteristic under the Act. Some conditions and diseases are automatically deemed by legislation to amount to a disability, including cancer, multiple sclerosis and blindness. Other conditions can be regarded as a disability, and therefore afforded the protection of the Equality Act 2010, but only if the definition in section 6 of the Equality Act 2010 is made out. This poses four essential questions:-

  • Does the person have a physical or mental impairment?
  • Does that impairment have an adverse effect on their ability to carry out normal day to day activities?
  • Is that effect substantial?
  • Is that effect long-term?

It is necessary to carefully analyse each question and support it with medical evidence. It is entirely possible that a person with long Covid could satisfy the above requirements. But it would give individuals with the condition much greater protection if it was one of the conditions deemed to be a disability, like cancer. The hoops in section 6 would then not have to be gone through.

There are various ways in which an employer can unlawfully discriminate as a result of a person’s disability. This protects workers, employees and job applicants:-

Direct disability discrimination: being treating less favourably than others because of a disability.
Discrimination arising from a disability: treating someone unfavourably because of something arising in consequence of disability without objective justification.

Indirect disability discrimination: Applying a provision, criterion or practice that disadvantages someone with a disability without objective justification.

Reasonable adjustments: Failing to comply with the duty to make reasonable adjustments where a person with a disability is placed at a substantial disadvantage.

Harassment: subjecting someone to harassment related to disability.

Victimisation: Victimising someone because they have made or intend to make a disability discrimination complaint, or because they have done or intend to do other things in connection with the Equality Act 2010.

For detailed advice on all types of discrimination and related claims please contact our employment specialist, Jennifer Carpenter, solicitor and partner.