Cardozo Law Review
Abstract
This Note will proceed in four parts. Part I will discuss the background of general testamentary principles of trusts and estates law. Part II will address the existing post-life policies of Facebook, Instagram, LinkedIn, and Twitter and the implications of the recently drafted acts addressing the disposition of digital assets. Part III will propose adding some type of testamentary formalities for the distribution of access to a deceased user's social media accounts, such as adding an electronic signature line and requiring the user to re-enter their password before saving their selections. In addition, Part III proposes the application of certain trusts and estates principles, including allowing the user to make alternate selections of people who can access the account, the application of rules relating to time-gap issues that arise from the time a selection is made until the time the user dies, and a default testamentary scheme, where in the absence of a will or adequate instructions, the default scheme will dictate who, if anyone, has access to the account or to specific content held in the account. Part III also anticipates and responds to potential counterarguments of this proposal, including laws protecting the privacy of private electronic communications, the potential burden on social media platforms, and the potential divergence from trust and estate law, where there is a push to specifically lower testamentary formalities.
Disciplines
Communications Law | Contracts | Estates and Trusts | Law
Recommended Citation
Yael Mandel,
Facilitating the Intent of Deceased Social Media Users,
39
Cardozo L. Rev.
1909
(2018).
Available at:
https://larc.cardozo.yu.edu/clr/vol39/iss5/8