Title 15 — Estates and Probate
51 chapters · 695 sections in this title.
15 GCA § 5001 Short Title
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This Act shall be known and may be cited as the “Revised Uniform Fiduciary Access to Digital Assets Act.”
15 GCA § 5002 Definitions
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In this Act: COL9222017 ACCESS TO DIGITAL ASSETS ACT (a) Account means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (b) Agent means …
15 GCA § 5003 Applicability
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(a) This Act applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this Act; (2) a personal representative acting for a decedent who died before, on, or after the effective date of this Act; (3) a guardianship pro…
15 GCA § 5004 User Direction for Disclosure of Digital Assets
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(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at a…
15 GCA § 5005 Terms-of-Service Agreement
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(a) This Act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This Act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for…
15 GCA § 5006 Procedure for Disclosing Digital Assets
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(a) When disclosing digital assets of a user under this Act, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user’s account; (2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to…
15 GCA § 5007 Disclosure of Content of Electronic Communications of
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Deceased User. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by…
15 GCA § 5008 Disclosure of Other Digital Assets of Deceased User
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Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than …
15 GCA § 5009 Disclosure of Content of Electronic Communications of
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Principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the…
15 GCA § 5010 Disclosure of Other Digital Assets of Principal
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COL9222017 ACCESS TO DIGITAL ASSETS ACT Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a …
15 GCA § 5011 Disclosure of Digital Assets Held in Trust When Trustee is
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Original User. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the co…
15 GCA § 5012 Disclosure of Contents of Electronic Communications Held
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in Trust When Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an origi…
15 GCA § 5013 Disclosure of Other Digital Assets Held in Trust When
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Trustee Not Original User. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor…
15 GCA § 5014 Disclosure of Digital Assets to Guardian of Ward
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(a) After an opportunity for a hearing under Division 4 of Title 15, Guam Code Annotated, the court may grant a guardian access to the digital assets of a ward. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalog…
15 GCA § 5015 Fiduciary Duty and Authority
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(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s or designated recipient’s authority with…
15 GCA § 5016 Custodian Compliance and Immunity
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(a) No later than sixty (60) days after receipt of the information required under §§ 5007 through 5015, a custodian shall comply with a request under this Act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to co…
15 GCA § 5017 Uniformity of Application and Construction
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In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
15 GCA § 5018 Relation to Electronic Signatures in Global and National
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Commerce Act. This Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the…
15 GCA § 5019 Severability
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If any provision of this Act or its application to any person or circumstance is found to be invalid, or contrary to law, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provisions or applications, and to …