ARTICLE
18 September 2023

Three Top Tips For Gifting Digital Assets To Charities

O
Ogier

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Ogier provides legal advice on BVI, Cayman, Guernsey, Irish, Jersey and Luxembourg law. Our network of locations also includes Beijing, Hong Kong, London, Shanghai, Singapore and Tokyo. Legal services for the corporate and financial sectors form the core of our business, principally in the areas of banking and finance, corporate, investment funds, dispute resolution, private equity and private wealth. We also have strong practices in the areas of employee benefits and incentives, employment law, regulatory, restructuring and corporate recovery and property. Our corporate administration business, Ogier Global, works closely with Ogier's partner-led legal teams to incorporate and administer a wide variety of vehicles, offering clients integrated legal and corporate administration services. We have the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost effective services to all our clients.
In today's digital age, a significant amount of our lives is stored online. It's important to ensure these digital assets can be dealt with in the event that we're unable to do so.
Worldwide Family and Matrimonial
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In today's digital age, a significant amount of our lives is stored online. It's important to ensure these digital assets can be dealt with in the event that we're unable to do so. This concern was recently at the centre of an illuminating campaign by STEP on how to preserve your digital legacy.1

STEP focused on how digital assets can be accessed by loved ones. In particular, social media profiles which often store sentimental items such as photos and videos. However, digital assets also increasingly include items of monetary value, such as cryptocurrencies. Often individuals and families want to use these monetary digital assets to make charitable legacies.

Here are three top tips for donating such legacies upon death to charities.

1. Understanding digital assets

It's crucial to understand the nature of cryptocurrencies, non-fungible tokens, and other monetary digital assets. Broadly, these are digital assets stored in digital wallets and secured by private keys. It's vital that if said assets are intended to be gifted, the ability to transfer is provided in a secure way. This, for example, could involve the use of a seed phrase or private key.

Cryptocurrencies are unique assets because of their volatility. They have the potential to appreciate. However, there can also be significant fluctuations in value over the holding period.

2. Charitable organisations capability

Consider whether the intended beneficiary has the necessary knowledge and resources to manage the cryptocurrency. Does the charity have the capability and resource to manage the digital assets? If not, alternative arrangements may need to be made.

3. Legal documentation

It is important to consult with a lawyer to prepare a will which includes a digital assets clause or add such a clause to an existing will. This should detail your digital assets, provide access and specify how you want the assets to be handled. It should be noted that some digital asset exchanges have policies that prohibit the transfer of accounts upon death. As such, it is advisable for a lawyer to check the terms and conditions of the exchange.

Planning for the management of your digital assets is a crucial aspect of estate planning in the digital age. But by taking measures now, you can ensure that your digital life is handled in accordance with your philanthropic wishes.

Footnote

1. For more information on STEP's campaign, visit www.memories.step.org

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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ARTICLE
18 September 2023

Three Top Tips For Gifting Digital Assets To Charities

Worldwide Family and Matrimonial

Contributor

Ogier  logo
Ogier provides legal advice on BVI, Cayman, Guernsey, Irish, Jersey and Luxembourg law. Our network of locations also includes Beijing, Hong Kong, London, Shanghai, Singapore and Tokyo. Legal services for the corporate and financial sectors form the core of our business, principally in the areas of banking and finance, corporate, investment funds, dispute resolution, private equity and private wealth. We also have strong practices in the areas of employee benefits and incentives, employment law, regulatory, restructuring and corporate recovery and property. Our corporate administration business, Ogier Global, works closely with Ogier's partner-led legal teams to incorporate and administer a wide variety of vehicles, offering clients integrated legal and corporate administration services. We have the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost effective services to all our clients.
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