§ 2-3-1015 — Fiduciary duty and authority

Wyoming § 2-3-1015

• Jurisdiction: Wyoming
• Title 02: Wills, Decedents' Estates and Probate Code
• Ch. 3: FIDUCIARIES
• Art. 10: UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

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(a) The legal duties imposed on a fiduciary charged with
managing tangible, personal property of a decedent, ward,
principal or settlor apply to the management of digital assets,
including the duty of care, loyalty and confidentiality.
(b) A fiduciary's or designated recipient's authority with
respect to digital assets of a user:
(i) Unless otherwise directed by a user as specified
in W.S. 2-3-1004, is subject to the applicable terms of service
agreement;
(ii) Is subject to other applicable law;
(iii) In the case of a fiduciary, is limited by the
scope of the fiduciary's duties; and
(iv) Shall not be used to impersonate the user.
(c) A fiduciary with authority over the tangible, personal
property of a decedent, ward, principal or settlor has the right
to access digital assets in which the decedent, ward, principal
or settlor had a right or interest and which are not carried,
maintained, processed, received or stored by a custodian or
subject to a terms of service agreement.
(d) A fiduciary acting within the scope of the fiduciary's
duties is an authorized user of the tangible, personal property
of the decedent, ward, principal or settlor for the purpose of
applicable computer fraud and unauthorized computer access laws,
including W.S. 40-25-101.
(e) A fiduciary with authority over the tangible, personal
property of a decedent, ward, principal or settlor:
(i) Has the right to access the property and any
digital asset stored in the property; and
(ii) Is an authorized user for the purpose of
computer fraud and unauthorized computer access laws, including
W.S. 40-25-101.
(f) A custodian may disclose information in an account to
a fiduciary of the user when the information is required to
terminate an account used to access digital assets licensed to
the user.
(g) A fiduciary of a user may request a custodian to
terminate the user's account. A request for termination under
this subsection shall be in writing or electronic form and
accompanied by:
(i) A copy of the death certificate of the user if
the user is deceased;
(ii) A certified copy of the court order appointing
the personal representative or a certified copy of the court
order, power of attorney, trust or other authorization giving
the fiduciary authority over the account; and
(iii) If requested by the custodian:
(A) A number, username, address or other unique
subscriber or account identifier assigned by the custodian to
identify the user's account;
(B) Evidence linking the account to the user; or
(C) A finding by a circuit court or other court
of competent jurisdiction that the user had a specific account
with the custodian identifiable by the information specified in
subparagraph (A) of this paragraph.