Your digital legacy Getting your affairs in order Sue Martin May 2018 Sue Martin May 2018
Your digital legacy Getting your affairs in order Please Note: I am not a lawyer This has become a very technical area of law with lots of uncertainty It is best managed by legal advice. Talk to an accredited specialist in Elder Law. Ring the Law Society Sue Martin May 2018
Your digital legacy Getting your affairs in order The aim of today’s session is to: 1. raise your awareness Sue Martin May 2018
Your digital legacy Getting your affairs in order The aim of today’s session is to: 2. get you thinking
Your digital legacy Getting your affairs in order The aim of today’s session is to: 3. encourage you to assess just how well organised you are.
Your digital legacy Getting Your affairs in order You must have a Will. Do not do it yourself to save money. Use a solicitor.
Your digital legacy Getting your affairs in order You must have a Will to clearly identify: • your assets.
Your digital legacy Getting your affairs in order You must have a Will to clearly identify: • the names of relevant family, friends and others.
Your digital legacy Getting your affairs in order You must have a Will to clearly identify: • reasons for any exclusions.
Your digital legacy Getting your affairs in order You need to decide on an executor/s. • appointed in a Will to manage the estate for the person who makes the Will • can also be a beneficiary. Some people nominate a public trustee or trustee company. 11 February 2018, George Cochrane in the Money section of the SMH made some interesting comments
Your digital legacy Getting your affairs in order The duties of the executor are: • funeral arrangements • obtain probate • call in the estate (assets) • preserve the estate from waste • pay debts • distribute estate as directed by the Will or by law.
Your digital legacy Getting your affairs in order Revisit your Will every few years. Does your executor know that he/she is the executor?
Your digital legacy Getting your affairs in order Your Will and Early Onset Dementia If diagnosed with Early Onset Dementia you need: • Doctor’s Certificate confirming sound mind when making or redoing will. Because: • if the Death Certificate states " died of Dementia“ various authorities such as superfunds and insurance companies may claim “not of sound mind” when the Will was drawn up. Others apart from the spouse or those named in the Will may contest it. It may have to go court.
Your digital legacy Getting your affairs in order Not having a Will results in: • the government getting a windfall. • unnecessary hardship and distress to your family and friends • division of assets according to a formula set out in government legislation.
Your digital legacy Getting your affairs in order Have you thought about your pets ? • A trust for the care and maintenance of your pet • A legacy programme with an animal charity • A legacy to a friend or family member with a non-binding request they look after your pet • Euthanasia. RSPCA has advice about arranging a pet legacy.
Your digital legacy Getting your affairs in order There are a number of websites with helpful information including : Legal Aid NSW Cancer Council website The Law Society: Pets and Wills Advanced Care Planning
Your digital legacy Getting your affairs in order Couples should check whether accounts are in joint names. If they are not in joint names, could this be a problem? Why finances need to be in joint names Nicole Pedersen-McKinnon Money SMH 14 February 2018
Your digital legacy Getting your affairs in order Have you checked: • bank accounts • credit cards • electricity/gas/water accounts • council rates • car insurance • telecommunications • travel insurance via credit card • car registration.
Your digital legacy Getting your affairs in order A recent article in a local magazine claimed that joint accounts were also frozen. That is not the case for CBA and Westpac. Check! But credit cards can only be in one name.
Your digital legacy Getting your affairs in order Have you checked: • telephone/internet provider • NRMA • home insurance • mortgages or loans • what else?
Your digital legacy Getting your affairs in order What about organ donation? • The option to donate is no longer available on your driver licence renewal form. • If you want to donate your organs and tissues for transplant after death, you need to register your decision with the Australian Organ Donor Register. • As a donor, you can choose which organs (kidneys, heart, lungs, liver, and pancreas) and tissues (heart valves, corneas, and bone and skin tissues) to donate.
Your digital legacy Getting your affairs in order Power of attorney is a document: • giving a trusted person the ability to act on your behalf in financial matters. This is only while you have the ability to make decisions .
Your digital legacy Getting your affairs in order Enduring power of attorney: • gives a trusted person the legal authority to make financial and/or legal decisions on your behalf.
Your digital legacy Getting your affairs in order Enduring Guardian: • can speak for you if you can't. • can make personal, health or lifestyle decisions on your behalf • can implement your Advance Care Directive.
Your digital legacy Getting your affairs in order Advance Care Directive/Living Will is a document specifying: • what actions you wish to be taken for your health care and treatment • who is the Person Responsible for carrying out your wishes.
Your digital legacy Getting your affairs in order Advance Care Directive lets people know your wishes: • if you are seriously ill or injured and • unable to make decisions for yourself. The NSW Supreme Court has said that valid Advanced Care Directives must be followed .
Your digital legacy Getting your affairs in order Your Advanced Care Directive should: • be kept where it is easy to find • have copies with the Person Responsible, family, doctor. A card in your purse/wallet could let people know you have an Advanced Care Directive. SMH 6 November 2015 - The day I meet you in the emergency department will probably be one of the worst of your life - a powerful article explaining why it is so important that people know your wishes.
Your digital legacy Getting your affairs in order Your Advanced Care Directive can be uploaded to the government website My Health Record: • an online summary of your health information • can be accessed at any time by you and your healthcare providers.
Your digital legacy Getting your affairs in order Your key documents: • bank accounts/credit cards • Birth certificate • Advance Healthcare • Marriage certificate Directive • Divorce papers • Enduring guardianship • Will • house deeds • Power of attorney • home and contents • Enduring power of insurance attorney
Your digital legacy Getting your affairs in order Your key documents • deeds/ insurance policies • Passport for other real estate • Pensioner Concession Card • Funeral information e.g. • superannuation papers pre-paid funeral fund • investment documents • personal insurance policies • Medicare/Centrelink card • Loan details • medical insurance details
Your digital legacy Getting your affairs in order Information for your Death Certificate. Do your family know the names of your parents at their birth? Download the form and fill in relevant details. Time of death will presumably be unknown.
Your digital legacy Getting your affairs in order We are now living through a time different to the original Industrial Revolution. The new Industrial Revolution is driven by technology connecting: • everyone • everything • everywhere • all the time.
Your digital legacy Getting your affairs in order The online world has added a complication. You now have digital assets: • digital devices • digitally stored content • online stored content • online accounts • Software.
Your digital legacy Getting your affairs in order Your digital assets At present, there is no law in Australia that directly addresses the access of family or friends to a person's digital assets upon death or incapacity. • photographs • videos • emails • online banking accounts • cryptocurrency • domain names • blogs • online gaming accounts.
Your digital legacy Getting your affairs in order What devices do you have? • desktop computer • laptop • tablet/IPad • smart watch • printer • scanner • Fitbit • phone • camera
Your digital legacy Getting your affairs in order Digitally stored content What do you have stored on your device/s? • emails • documents • photos • music • videos?
Your digital legacy Getting your affairs in order Decisions for digitally stored content What do you want to happen to your: • documents • photos • music • videos • cryptocurrency?
Your digital legacy Getting your affairs in order Do you want them to be: • deleted • transferred to someone else?
Your digital legacy Getting your affairs in order What do you want to happen to your device/devices? • recycled • given to whom (with or without data)?
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