Who will get your iTunes when you die?

Template of a Will Clause For Digital Assets

(template)

My Trustee may access, handle, distribute, and dispose of my digital assets, and may obtain, access, modify, delete, and control my passwords and other electronic credentials associated with my digital devices and digital assets. My Trustee may engage contractors or agents to assist my Trustee in accessing, handling, distributing, and disposing of my digital assets. [OPTIONAL: Without restricting my Trustee, it is my wish that my Trustee engage to assist the Trustee in accessing, handling, distributing, and disposing of my digital assets.]

If I have prepared a memorandum, which may be altered by me from time to time, with instructions concerning my digital assets and their access, handling, distribution, and disposition, it is my wish that my Trustee and beneficiaries follow my instructions as outlined in that memorandum.

For the purpose of my Will, “digital assets” includes the following:

  1. Files stored on my digital devices, including but not limited to, desktops, laptops, tablets, peripherals, storage devices, mobile telephones, smartphones, and any similar digital device; and
  2. Emails received, email accounts, digital music, digital photographs, digital videos, software licenses, social network accounts, file sharing accounts, financial accounts, banking accounts, domain registrations, DNS service accounts, web hosting accounts, tax preparation service accounts, online stores, affiliate programs, other online accounts, and similar digital items, regardless of the ownership of any physical device upon which the digital item is stored.
Texts from the dead: Post-mortem digital communication has arrived

Template of a Power of Attorney clause for Digital Assets

(template) Digital Assets. Without limiting the other powers granted to my Attorney, my Attorney shall have

  1. the power to access, use, and control my digital devices, including but not limited to desktop computers, laptop computers, tablets, mobile telephones, smartphones, peripherals, storage devices, and any similar digital device which currently exists or may exist as technology develops for the purpose of accessing, modifying, deleting, controlling, or transferring my digital assets, and
  2. the power to access, modify, delete, control, and transfer my digital assets, including but not limited to my emails received, email accounts, digital music, digital photographs, digital videos, software licenses, social network accounts, file sharing accounts, financial accounts, banking accounts, domain registrations, DNS service accounts, web hosting accounts, tax preparation service accounts, online stores, affiliate programs, other online accounts, and similar digital items which currently exist or may exist as technology develops, and (iii) the power to obtain, access, modify, delete, and control my passwords and other electronic credentials associated with my digital devices and digital assets described above.