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Web designer died - how do I get control of domains?

by bridgells
13 replies
Long story, but here's the crux of the matter
My new client owns 3 domain names
He also has a hosting account
The domains and hosting account were registered by his former web designer, who has since died.
The hosting package expired, so the hosting company tried to make contact
The old web designer's mailbox is obviously no longer functional so the hosting company have suspended the hosting account.
They will not speak to us as we are not on their records.

Can anyone offer me any advice about how to get the hosting company to release the domains so we can move them to my clients' new hosting package?

Any help would be gratefully received.

Many thanks

Bridget
#control #designer #died #domains #web
  • Profile picture of the author Alex Blades
    Might have to wait for them to expire, but if your client owns them then he should have access to the registrar no?
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    • Profile picture of the author bridgells
      Not an option! Thanks anyway
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      • Profile picture of the author Alex Blades
        Originally Posted by bridgells View Post

        Not an option! Thanks anyway
        You might have no choice. If the designer registered the domain in his name then there is nothing you can do.
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        • Profile picture of the author bridgells
          Originally Posted by Alex Blades View Post

          You might have no choice. If the designer registered the domain in his name then there is nothing you can do.
          The domains are registered to my client, but the hosting account was registered to the former web designer. The existing host will not discuss the account with my client and so we cannot instigate the domain transfer
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          • Profile picture of the author Alex Blades
            Originally Posted by bridgells View Post

            The domains are registered to my client, but the hosting account was registered to the former web designer. The existing host will not discuss the account with my client and so we cannot instigate the domain transfer
            Find the registar where the domains are registered from, and have your client give them a call and start the process to try gain access to them. Hosting and domain accounts are separate accounts. Do a whois and see what registrar they are registered at.
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  • Profile picture of the author bkkmma
    Yikes, there's one I haven't heard before.

    I guess it's really tricky to approach the family of the deceased about this..

    Really curious to see what suggestions come up, you never know when this could apply to you!
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  • Profile picture of the author bkkmma
    Does your client have a registered business? You could perhaps submit a claim of ownership, the same way that a company would deal with a domain name squatter. In this case, it would go unanswered of course, and perhaps your client could claim their domains that way. Does their domain name have their business name in it? Sorry, I'm not more familiar with this process but perhaps somebody else is.
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  • Profile picture of the author Frank Donovan
    Bridget, I'm assuming the domain names and hosting package were (are) with the same company. If so, I'd get your clients to send them a copy of the web designer's death certificate, together with any documentation confirming their business connection.

    Then, when you have access to the domain names, be sure they're registered at a different company from where they're hosted.

    Good luck!


    Frank
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  • Profile picture of the author JayPeete
    I know it's a difficult time for them but you might have to try and see if you can contact the designer's family and see if one of them can help you. There is usually someone that is handling the affairs of the deceased.
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  • Profile picture of the author George Wright
    Your client needs a lawyer who knows Internet law.

    George Wright
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  • Profile picture of the author sparkah
    1. you have to be listed as a contact

    2. you have to hire a law firm to prove he was acting as your agent

    3. use social engineering to figure out his password (most people use the same password for everything)

    4. use social engineering to get access to his computer.

    5. get access to his email inbox
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  • Profile picture of the author Jack Gordon
    Wait a minute... did you say the domains are registered to your client? Do a whois search (netsol or hundreds of other registrar sites provide this for free) and confirm that. If your client's email address is listed in there (for admin, tech or contact), then he should be able to gain possession of them fairly easily.

    If not, you'll either have to approach the family or seek counsel to do it on his behalf.
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  • Profile picture of the author Melkur
    This seems slightly similar to cases where the host retains control of a domain in an attempt to prolong or renew hosting. Haven't heard of one of those for a long time (though I'm sure it still goes on!) but, as I recall, since the domains are registered in your client's name you should have a good chance of getting the registrar to transfer them for your client.

    If not, what about the registry's dispute resolution procedures? That would be Nominet for .uk TLDs, ICANN for .com et al. Even if the situation doesn't fall with the terms of their Dispute Resolution Policy, they may be able to offer further guidance.

    Out of interest, are the domains hosted in the UK or elsewhere? If in the UK, you probably have more leverage in threatening - or even initiating, if need be - litigation against the host than if they're overseas.
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