ACCESS TO DIGITAL ASSETS 121 2024

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.