Q&As

Issues to consider when you need to access to a deceased person's inbox—Probate considerations (Part 2)

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Published on LexisPSL on 21/08/2014

The following IP Q&A provides comprehensive and up to date legal information covering:

  • Issues to consider when you need to access to a deceased person's inbox—Probate considerations (Part 2)
  • Considerations in respect of the deceased person's estate

Considerations in respect of the deceased person's estate

Although there are certain assets which do not require a grant of probate or administration'>letters of administration in order to establish the right to recover or receive them, such as joint account holdings, beneficial joint tenancies of land, nominated assets and pensions etc, see Practice Note: Devolution of assets and the need for a grant, in order to deal with the deceased's digital data, a grant of probate or letters of administration will need to be obtained. Our news analysis How is the landscape of digital legacies developing? sets out that although digital data may have no monetary value, it often carries sentimental value and those administering an estate may still wish to take action, for example, to ensure the data is not misused in the future or to use the data as a way of preserving the deceased's memory.

The Administration of Estates Act 1925, section 1, subsections 1–3 provides that:

'1 Devolution of real estate on personal representatives

  1. Real estate to which a deceased person was entitled for an interest not ceasing on his death shall on his death, and notwithstanding any testamentary disposition thereof, devolve from time to time on the personal representative of the deceased, in like manner as before the commencement of this

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