Digital Assets … Spare them a thought
Digital assets should be viewed as a form of property. They can be transferred or bequeathed to those who you wish to receive them by way of a will.
What you will need to consider
Unlike physical property, digital assets are intangible and invisible. The rights of ownership, control and access of digital assets are intertwined with complexities of privacy and security protection as laid out in various service provider policies. It is therefore a good idea to check these before you consider leaving digital assets in your will. Your digital legacy should be divided into ‘digital assets’ and your ‘digital presence’.
will include your music, film and book collections that that you have bought and downloaded online as well as any online bank accounts or investments that you may hold.
includes any social media accounts, e-mail or personal websites which make up your online footprint. In the case of digital presence, many people want to be able to shut down the online accounts of loved ones after their death but may struggle to do so because of the terms of the account’s policy.
It would be extremely useful for your Executor if you could leave a list of your digital assets, details of your digital presence and a list of all of your online shopping accounts with your will or with a loved one. You will then have dealt with your digital legacy as carefully as you have dealt with your tangible assets.
Not Playing Fair?
We can all buy something and suddenly find when we look at the small print, that there are a lot of terms and conditions that seem to make it very difficult to do anything when the goods or services are not quite what they
Not all the small print is necessarily fair or reasonable and that is whyit is important to know that from 27 January, 2010, the Supply of Goods and Services (Jersey) Regulations 2010 may mean that
the person supplying the goods or services cannot actually rely on such an unfair term.
We were delighted to host a great lunchtime seminar all about Wills. The talk had even the hardiest of listener contemplating how soon they would get cracking with making their will. It became quickly evident in our discussions that there would be many complications, family disputes and emotional roller-coaster rides following your passing for your family should you not have taken time to make a Will.
The talk went into details about a variety of areas including:
Own assets abroad? You may want to review your inheritance arrangements
if you own land in the EU – for example a holiday home – you should be aware of the new Regulation 650 / 2012 which came into force
on the 17th August 2015. Unofficially referred to as “Brussels IV”, it means you no longer have to comply with the inheritance rules of the state where your land is located. Jersey law will apply instead.
Tenancy Deposit Protection
From the 2nd November 2015, new legislation will require landlords and letting agents in Jersey to lodge their tenant’s deposits with mydeposits Jersey, a new tenancy deposit protection scheme authorised by the States of Jersey.
The legislation has been introduced to help raise standards in the rental sector by reducing the number of deposit issues between landlords and tenants and providing tenants with better protection from having their deposit unfairly withheld. Tenancy deposit protection has been a huge success in England & Wales for over eight years and deposit related issues are now minimal.Read More
Jersey Citizens Advice is a hub for legal services and many seeking solutions to their legal queries use our service as the first port of call. Whilst none of our staff are lawyers, we enjoy very strong connections with local law firms.
Legal issues are therefore always high on our agenda being the third biggest single issue that our office dealt with 2014, with 1132 advice issues being recorded. The community mediation service is a solution that can help resolve disputes that are below £10,000 in value.Read More
Pensions Update and Top Tips
In the recent UK Budget, George Osborne proposed a significant shake-up of UK pension arrangements, which if introduced, will allow individuals to extract all their pension savings in a lump sum at the point of retirement, subject to their marginal rate of income tax in that year.
Those who require the security of a guaranteed income will still be able to achieve this by purchasing an annuity. If an individual does not want to purchase an annuity, or cash-in their entire pension fund, they can remain invested and access their pension fund over time.Read More
Making Wills in Jersey
Do I need a lawyer to make a Will?
Jersey has strict rules on completion of Wills which are different depending upon whether you are leaving land (Immovable Estate) or other property such as money (Movable Estate). If a Will does not conform to the rules then the Probate Registrar (in relation to a Movable Will) and the Public Registrar (in relation an Immovable Will) may well refuse to accept the document for registration once the testator has died.Read More
Regulated by the Jersey Financial Services Commission – what does this really mean?
The Commission is the Island’s financial services regulator. It is responsible for regulating and supervising businesses involved in banking, funds, investment, insurance, money service and trust company business – these are “regulated” activities.
If you deal with a regulated business this means that important checks have been carried out by the Commission to try and ensure that it is legitimate and will operate its business to the high standards which the Commission expects. These checks cannot guarantee that everything will run smoothly. However, if the Commission finds that the business has not behaved properly it may be able to take action against the business.Read More
Renting your Home Condition Report
Will Condition Reports help solve rental deposit disputes?
Disputes over the partial or non-return of rental deposits have consistently been amongst the most common issues of concern brought to the Citizens Advice Bureau.
It is therefore in order to ensure fairness between landlord and tenant that the introduction of the compulsory use of Condition Reports for landlords and agents who let accommodation under a residential tenancy agreement (‘tenancy agreement’) is so welcomed. But what do both parties need to do?
Details are available on the www.gov.je site at http://www.gov.je/Home/RentingBuying/HousingLaws/Pages/ConditionReports.aspxRead More