Proof of authority may include original or certified copies of the relevant documentation establishing the fiduciary’s authority to deal with the digital asset on the account holder’s behalf (for example, a will and a death certificate in the case of a deceased account holder). [...] 78 RECOMMENDATION 10 An Alberta Act should allow a fiduciary to apply to the court for directions and advice relating to the fiduciary’s right to access a digital asset of the account holder. [...] See also the Uniform Act, s 4: The duties imposed by law on a fiduciary in relation to tangible personal property, including requirements on the performance of those duties, also apply to the fiduciary in relation to the digital assets of the account holder. [...] The default access rights set out in the Uniform Act include:9 a right to access the content of an electronic communication, a right to access a catalogue of electronic communications sent or received by the account holder, a right to access any other digital asset in which the account holder has an interest, and ________ 8 Uniform Act, s 1. [...] Instead, the custodian may be required to isolate the specific provision limiting a fiduciary’s access from the rest of the service agreement so that the account holder can expressly consent to that provision separately from the rest of the service agreement.
- Pages
- 168
- Published in
- Canada
