Vermont Enacts Provisions Regarding Revised Uniform Fiduciary Access to Digital Assets Act
Vermont House Bill 152 revises the Vermont Revised Uniform Fiduciary Access to Digital Assets Act by adding Sec. 1. 14 V.S.A. chapter 125. The act clarifies the law regarding access to digital assets in the case of death or incapacitation and grants fiduciaries access to a user’s online accounts, correspondences, and other computer files, if specified in his or her will, trust, or similar agreement. These provisions are effective on July 1, 2017.
The act applies to a fiduciary or agent acting under a will or power of attorney, a personal representative acting for a decedent, a conservator or guardian acting for a ward, or a trustee acting under a trust. It also applies to a custodian if the user resides in Vermont or resided in Vermont at the time of the user’s death. It does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets. “Digital asset” means an electronic record in which an individual has a right or interest. If an online tool is not used, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user’s digital assets. The provisions do not change or impair a right of a custodian or user under a terms-of-service agreement to access and use digital assets of the user.
When disclosing digital assets of a user, the custodian may at his or her sole discretion do any of the following:
- Grant a fiduciary or designated recipient full access
- Grant a fiduciary or designated recipient partial access sufficient to perform the tasks charged
- Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive, was competent, and had access to the account.
Fiduciaries, personal representatives, guardians, and trustees can compel custodians to provide access to users digital assets if they provide the custodian with proper documentation. Documentation might include:
- Written request for disclosure
- Certified copy of the death certificate
- Evidence of appointment of the personal representative
- Certified copy of trust instrument
- If requested by the custodian: unique account identifier assigned by the custodian, evidence that links the account to the user, affidavit stating necessity of disclosure, and certain court findings
The full text of Vermont House Bill 152.
Comments are closed.