Think about a scenario where a person dies leaving behind troves of digital treasure behind him. Now assume that he/she cannot make a digital will of the same and the same is lost forever for the simple reason that there is no one who can legally claim the same.
This is a double jeopardy situation. A person not only looses his beloved one but also his digital memories and assets. At this stage the digital will can come to the rescue of such legal heir.
Digital will in India is still a murky concept. We at Perry4Law Organisation and Perry4Law’s Techno Legal Base (PTLB) believe that in the fast changing IT world, non recognition of digital will in India is a retrograde step. The information technology act 2000 does not recognise a digital will and this aspect must be reconsidered by our legislature.
Even online service providers have accepted this reality and they are doing their level best to ensure that digital assets of a deceased are passed on the legally entitled heir or nominee.
For instance, Google has introduced launching inactive account manager page that can be used as a digital will. Google is asking from the account holders what they want to happen to their digital photos, documents and other virtual belongings after they die or become incapacitated.
The inactive account manager can be used to inform Google to pass on digital assets and data from Google’s products like Google Drive, Gmail, YouTube, or social network Google+ to particular people, or be deleted after being dormant for too long.