Users of a popular gaming platform are getting an introduction to the complex world of estates law and digital assets after discovering that they may not be able to pass on their games to their heirs.
The controversy has been documented in a viral Reddit thread, where users of Steam – the world’s largest online PC game story with more than 60 million daily users – vented their frustration after a company representative told a member that he was barred from including his Steam assets in a will because their accounts and games are non-transferable.
According to the Reddit thread, gamers are taking various approaches to the problem. For some, the simplest solution is to share the deceased’s user credentials and password with beneficiaries. However, they run the risk of losing access to the account if the company finds out and decides that these actions violate their terms of use.
On the other hand, it’s possible the company will change its policy or simply turn a blind eye to post-death transfers for fear of the negative publicity a high-profile termination could generate.
Either way, the case is a good reminder that when it comes to estate planning, digital assets can not always be treated in the same way as our more traditional physical possessions.
Although we live most of our lives online these days, I find that testators are actually more likely to ignore their digital assets altogether, with potentially devastating financial and emotional consequences for the friends and family they leave behind.
Privacy protection rules often require a court order before key information can be turned over about a deceased person’s account, and it can cause big problems if an executor is locked out of online bank accounts.
With social media sites, the headaches tend to be more emotional than financial for those left behind. Each site has its own policies, but Facebook gives users the option to permanently delete their account when they die, or to maintain a memorialized version for supervision by an appointed legacy contact.
Otherwise, it can be very upsetting for family members to watch messages accumulate on their loved one’s profile without the ability to respond, or to delete inappropriate comments.
Some jurisdictions are beginning to draft legislation dealing directly with estate trustees’ rights to access and take control of online accounts, but Ontario has yet to join them, leaving residents of this province without much useful guidance.
In the meantime, I prompt new clients to make a list of all their digital assets – including social media profiles, email accounts, online banking and even loyalty points – as well as the passwords associated with each.
Obviously you don’t just want to have a list of all your passwords lying around for someone to find, but you can deposit the details with your lawyer or another trusted person for safekeeping, along with instructions for their use following your passing.
That’s generally a better option than a safety deposit box, where the bank’s strict access rules following death of the owner may hold up the process for heirs.
Disclaimer: The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Laredo Law (or their own legal counsel) regarding any specific legal issues.
