Title 15 — Decedents' Estates and Fiduciary Relations
24 chapters · 422 sections in this title.
15 V.I.C. § 1263 Durable power of attorney not affected by disability
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All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal shall have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were compet…
15 V.I.C. § 1264 Relation of attorney in fact to court-appointed fiduciary
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(a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of his property except specified exclusions, th…
15 V.I.C. § 1265 Power of attorney not revoked until notice
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(a) The death of a principal who has executed a written power of attorney, durable or otherwise, shall not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. A…
15 V.I.C. § 1266 Proof of continuance of durable and other powers of attorney by affidavit
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As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or…
15 V.I.C. § 1267 Uniformity of application and construction
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This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states and territories enacting it.
15 V.I.C. § 1301 Short title
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This chapter may be cited as the Uniform Fiduciary Access to Digital Assets Act.
15 V.I.C. § 1302 Definitions
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(1) In this chapter:(1) “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.(2) “Agent” means an attorney-in-fact granted au…
15 V.I.C. § 1303 Applicability
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(a) This chapter applies to:(1) a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter;(2) a personal representative acting for a decedent who died before, on, or after the effective date of this chapter;(3) a guardia…
15 V.I.C. § 1304 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 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 all …
15 V.I.C. § 1305 Terms of service agreement
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(a) This chapter 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 chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the …
15 V.I.C. § 1306 Procedure for disclosing digital assets
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(a) When disclosing digital assets of a user under this chapter, 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 …
15 V.I.C. § 1307 Disclosure of content of electronic communications of deceased user
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(1) 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 the user i…
15 V.I.C. § 1308 Disclosure of other digital assets of deceased user
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(1) 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 t…
15 V.I.C. § 1309 Disclosure of content of electronic communications of principal
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(1) 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 agent …
15 V.I.C. § 1310 Disclosure of other digital assets of principal
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(1) 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 catalogue of electronic communicatio…
15 V.I.C. § 1311 Disclosure of digital assets held in trust when trustee is original user
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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 content of electr…
15 V.I.C. § 1312 Disclosure of contents of electronic communications held in trust when trustee not original user
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(1) 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 original or successor user and carried, ma…
15 V.I.C. § 1313 Disclosure of other digital assets held in trust when trustee not original user
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(1) 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 user and stored, car…
15 V.I.C. § 1314 Disclosure of digital assets to guardian of ward or protected person
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(a) After an opportunity for a hearing under the guardianship law of this territory, the court may grant a guardian access to the digital assets of a ward or protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guard…
15 V.I.C. § 1315 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. (1) the duty of care; (2) the duty of loyalty; and (3) the du…
15 V.I.C. § 1316 Custodian compliance and immunity
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(a) Not later than 60 days after receipt of the information required under sections 1307 through 1315 of this chapter, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the cu…
15 V.I.C. § 1317 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 and territories that enact it.