Following on from my last blog on internet passwords and will making, it appears that fraudsters are increasingly targeting the estates of deceased individuals for details of valuable internet-hosted assets such as online bank accounts.

Changes in attitude and approach to probate have led to people making a will attempting to help their Executors by leaving details in their wills of passwords, pin numbers and other digital access codes.

However, it is important to note that although confidential when made, following death a will goes to probate and, at this stage, it becomes a document of public record. This allows fraudsters to read and exploit what should be confidential information.

The solution is simple: leave a note of online codes in a sealed envelope, which either your solicitor bank or accountant can retain for safe keeping.

Law Society wills and equity committee chair Richard Roberts commented:

‘We advise clients to protect passwords in the same way that we have always protected burglar alarm codes and the keys to safes and strong rooms. Make sure the executors know where to find them, usually in a side letter lodged with the solicitors.’

Once again we can see the importance of tuning in our thinking to the way in which the new digital age impacts on our traditional processes and practices. At Stripes Solicitors, we are fully aware of the many conflicts that the digital age has created for this traditional area of law, so if you require any advice or assistance in connection with making or changing a will please do not hesitate to contact one of our specialists.

A recent survey by Goldsmiths University Creative and Social Technology Centre in London, on behalf of Rackspace, found that one in ten people are leaving details of internet passwords in their wills so that family can access their internet accounts including their Facebook, Flickr and Twitter profiles. More people  are storing personal photos, home videos and often valuable music and films digitally  rather than as physical albums at home. They are keen to pass these to loved ones and  often want their digital identities to be archived and not abused when they are gone.

Without passwords, family members are often unable to access a deceased relative’s internet sites and these can fall prey to spammers.

During the last couple of years, numerous Facebook accounts have been hijacked where deceased individuals are no longer here to control their digital identity. With more documents and photos being stored online the question  of what happens when someone is gone becomes a more important issue each day.

It is essential that people start thinking about the issue of digital inheritance so that this can be accommodated and properly dealt with in their will. This is relatively straightforward. If you have any queries or requirements in connection with protecting your digital legacy or otherwise in making a will then Stripes have people available that can offer you specialist advice and support in this area.

The Annual Report of the Office of Legal Complaints (Legal Ombudsman) was published on 18th July 2011. The Legal Ombudsman investigates legal complaints and for the year 2010 -2011, nearly 15 per cent of the complaints investigated involved issues relating to wills and probate.

One of the major problems encountered by the Legal Ombudsman is the gap between consumer expectations and the quality of service received. This is complicated by the fact that the services offered are not being provided on a level playing field. Some organisations, i.e. solicitors, are regulated by a governing body with powers of enforcement whilst others, such as will writers, are unregulated.

This complication is compounded by the fact that ‘professional relationships’ and advertising styles can be very misleading to consumers who are often unaware of the status, credibility and quality of the organisation with whom they are dealing.

Will writers were heavily criticised by the Legal Ombudsman whose Legal Services Consumer Panel exposed some extremely concerning practices. They found evidence of “poor quality wills, sharp sales practices, exorbitant pricing” and “lost wills” where the companies that drafted the documents “disappear without a trace.”

Many consumers are unaware that many unregulated will writers are not legally qualified and often possess little or no detailed knowledge of inheritance tax or capacity issues. Unlike solicitors, they are not backed by indemnity insurance, often leaving a family with no viable recourse if the will writer is negligent.

A number of other poor practices were identified one in particular highlighting how some will writing companies charging lower rates for a will often earn more in the long run by charging for additional items such as storage, which many solicitors provide for free.

At Stripes Solicitors we are regulated, insured and independent. We also have qualified lawyers experienced in advising on wills, lasting powers of attorney, probate and trust matters. Contact us should you need any advice or assistance on any of these or other related matters.