The Digital Estate provides an analysis of the rights and liabilities associated with digital information passing from, to and through computing and other devices owned and controlled by fiduciaries, including trustees, personal representatives, lasting and other attorneys.

Key Features:

The book provides an analysis of the rights and liabilities associated with digital information passing from, to and through computing and other devices owned and controlled by fiduciaries, including trustees, personal representatives, and lasting and other attorneys.
Provides practical solutions to the problems that the individual and his personal representatives may face in securing succession to assets and safe transmission of information that may otherwise be deleted, locked or lost.
Guides the practitioner through pre-death preventative measures relating to wills.
Considers the issues that arise when an individual who owns assets or stores information on-line, dies
Covers steps to be taken during probate for the administration of digital assets
Covers specific roles in administration including personal representatives, trustees and agents and attorneys
Includes clear practical guidance on the actions that should be taken or considered in the administration of digital information or assets including a useful section on drafting for the digital estate featuring precedents for will drafting, trusts and Lasting Powers of Attorney
Considers the issues relevant to trust investments in cryptoassets
Examines the principles of English law that define the proprietary nature of information, taking into account the approach to this issue in other jurisdictions.
Identifies the property rights that are associated with information and examine their operation. These include intellectual property rights, contractual rights, and other rights, including to cryptoassets such as bitcoin and non-fungible tokens (NFTs)
Includes a straightforward technical explanations of relevant technologies including blockchains, Decentralised Finance (DeFi), and public/private key cryptography.
Investigates the principles applicable to the use of digital information that has no proprietary status.
Analyses the regulatory consequences of the control or use of digital information, including data protection, financial regulation and computer misuse.
Analyses the personal tax consequences of cryptoasset transactions and DeFi.
Examines the law around digital documents, and digital execution of documents, including developments arising as a result of the COVID-19 pandemic.

New to the edition:

Three new chapters on Distributed ledger technology, decentralised digital assets and decentralised finance.
New sections analyzing the application of property law to cryptoassets, examining the personal tax consequences of cryptocurrency and DeFi transactions, and considering the situs of cryptoassets
new case law, official reports and legislative changes.

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Digital Estate, 2nd Edition

Digital Estate, 2nd Edition