The Digital Estate, 2nd Edition by Jack Burroughs | 2022*

The Digital Estate, 2nd Edition by Jack Burroughs | 2022*

The Digital Estate explores the legal rights and responsibilities tied to digital data transferred to, from, and through electronic devices under the control of fiduciaries, such as trustees, executors, and attorneys (including those acting under lasting powers of attorney).

Key Highlights of The Digital Estate, 2nd Edition by Jack Burroughs:

• Examines legal rights and obligations related to digital data managed by fiduciaries, including trustees, personal representatives, and attorneys.

• Offers practical solutions to challenges in passing on digital assets and information that may otherwise be deleted, inaccessible, or lost.

• Advises on pre-death planning, particularly will preparation involving digital content.

• Addresses legal and procedural issues arising when a person with online assets or data passes away.

• Outlines probate steps for handling digital property.

• Details the roles of various fiduciaries—executors, trustees, agents, and attorneys—in managing digital estates.

• Provides actionable guidance on managing digital assets, including precedents for drafting wills, trusts, and powers of attorney related to digital content.

• Discusses trust-related investments in cryptoassets.

• Explores the English legal principles on whether information can be considered property, comparing international approaches.

• Identifies legal rights tied to data, such as intellectual property, contractual, and other rights—including those over cryptoassets like Bitcoin and NFTs.

• Includes clear explanations of technologies like blockchain, DeFi, and cryptographic systems.

• Examines how digital information lacking proprietary status may still be governed by legal principles.

• Analyzes regulatory issues around digital information, including data protection, financial law, and computer misuse statutes.

• Reviews tax implications related to cryptoassets and DeFi activity.

• Covers laws governing digital documents and the electronic execution of legal instruments, with attention to changes brought by the COVID-19 pandemic.

What's New in This Edition:

• Includes three additional chapters covering distributed ledger technology, decentralized digital assets, and decentralized finance (DeFi).

• Introduces new sections exploring how property law applies to cryptoassets, the personal tax implications of cryptocurrency and DeFi transactions, and the determination of the situs (legal location) of cryptoassets.

• Incorporates recent case law, government reports, and updates to legislation.

Table of Contents of The Digital Estate, 2nd Edition by Jack Burroughs:

Part I Introduction
Chapter 1 Introduction
Chapter 2 Fiduciaries
Chapter 3 Electronic documents and signatures;

Part II Information
Chapter 4 Information as property
Chapter 5 Cloud Technologies
Chapter 6 Intellectual property

Part III Crypto assets
Chapter 7 Distributed ledger technology
Chapter 8 Decentralised digital assets
Chapter 9 Decentralised finance

Part IV Estate planning
Chapter 10 Drafting for the Digital estate;

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