What is a digital legacy?

We live in a digital world. Even if you don’t use social media or prefer a physical card to Apple Pay, you likely use online banking at the very least. But have you ever thought about what happens to your online accounts after you die?

Your online accounts form part of your digital legacy, and just as you formalise your wishes for what happens to your physical assets after you die in a Will, it’s important to think about your digital assets, too.

What is a digital legacy?

A digital legacy is information available online about someone following their death.

Digital assets form part of a digital legacy and are essentially ‘possessions’ that an individual accesses on a device such as a laptop, mobile phone, tablet or computer.

They can be stored on websites, apps, social media channels, emails, cloud services or physical devices. These online accounts or apps are usually run by third-party providers such as Google, Meta, Netflix, Apple, Microsoft or Amazon.

Digital assets are protected by usernames, passwords and privacy policies that only the person/owner can access.

Examples of digital assets:

• Blogs or online journals
• Cryptocurrencies, e.g. bitcoin
• E-books or audiobook subscriptions
• Emails
• Gaming profiles
• Instant messaging services such as WhatsApp
• Messages on social media channels, e.g. Facebook Messenger and WhatsApp
• Music bought online, e.g. Spotify
• NFTs (Non-Fungible Tokens)
• Online banking and digital wallets
• Photos and videos uploaded to social media channels or photo storage websites such as Google Photos
• Social media posts
• Social media profiles, e.g. Facebook, LinkedIn, Instagram and X (Twitter)
• Subscriptions for streaming platforms such as Netflix or Amazon Prime

Each platform or provider will have their own terms and processes for managing them after their owner has died.

What happens to my social media accounts when I die?

What happens to your social media when you die varies by social media platform.

Facebook

When someone dies, there are three options for what happens to their profile:

1. Their profile is deleted
   • To delete a loved one’s profile after they have died, you can request to do so via ‘Managing a deceased person’s account’ on the Facebook Help Centre.
   • You will need a copy of your ID, the person’s death certificate or obituary and proof of your relationship
2. Their profile is memorialised (the profile will say ‘Remembering’ next to their name)
3. Their nominated legacy contact (Executor) can manage the profile
   • Legacy contacts must be set by the account owner before they die (again, via the Facebook Help Centre)

Instagram

Like with Facebook, you can memorialise or delete the deceased’s Instagram account via Instagram’s Help Centre.

X (Twitter)

You can deactivate a deceased person’s account via the X Help Center. You will be required to complete a form and provide a copy of your ID and the deceased’s death certificate.

You do not have the option to memorialise or access an account, regardless of your relationship with the deceased.

LinkedIn

LinkedIn offers authorised and nominated people access to a deceased person’s account, and they can either memorialise or close it.

To submit a request to memorialise an account via the LinkedIn Help page, you need to provide details of your relationship, the date of their death and a link to their obituary.

To close a deceased person’s account, you will need a copy of their death certificate and a document showing you have the authority to act on their behalf. This can be Letters of Administration, Letters of Testamentary, Letters of Representation or a court order. 

How do I manage my digital legacy?

There are several things you can do to save your loved one’s time and stress when you are no longer here.

Top tips for managing your digital legacy

1. Consider choosing an account nominee to take control of certain aspects of your online accounts. For example, provide access to your Gmail account via Google’s Inactive Account Manager and add a Legacy Contact for your Apple ID. Don’t forget to look at your social media profiles, too.
2. Appoint Executors in your Will to carry out these tasks after your death. This should be a person you trust, such as a family member or friend. It is worth ensuring that at least one of your Executors is tech-savvy, as their role will involve using websites and social media channels. It’s important to check with your chosen Executor that they feel comfortable with this responsibility. They will be responsible for closing your online profiles and managing your digital assets. In complex cases, you may even want to appoint a ‘digital Executor’.
3. Make a list of your online accounts and all the login details that a person will need to access them. There is a useful list for this here.
4. Specify in your Will that you have given your Executors specific power and authority to deal with digital assets so that the executors can make more progress with the Internet Service Providers, which may be outside of the UK.

Are my digital assets passed on in my Will?

According to research by St James’s Place, 7 in 10 Wills do not refer to the person’s digital legacy.

Traditionally, Wills focused on physical assets such as the family home or car, but should your digital legacy be given the same level of importance? Yes, but it’s not always straightforward…

Check the terms and conditions

When you start using online services such as social media accounts or online banking apps, you are asked to agree to the terms and conditions. This is something many of us are guilty of skipping or skim-reading. However, they are essentially a contract outlining how we can (and cannot) use and enjoy these services.

Downloaded music, for example, may not be yours to pass on due to the licensing. Plus, some social networking sites state in their terms and conditions that any photos uploaded belong to them rather than the account holder.

Put simply, when you pass away, the license for that content expires with you.

Ask your Executors

However, you can ask your Executor/s to close your accounts and organise your photos, videos, etc. Including provisions in your Will for your digital legacy saves your Executor/s the job of tracking down every account you had and second-guessing what you want to happen to them (subject to the platform’s own rules).

How can a digital legacy benefit the estate administration process?

Having a digital legacy in place is useful for Executors when it comes to closing online accounts or informing Facebook friends of your passing. However, it can also save a huge amount of time when it comes to the probate and estate administration process.

Organising your digital legacy is relatively quick and easy, and yet it can save days, even months, of your loved ones’ time, which would have been spent contacting various companies or providers.

Having access to photographs, videos, etc., is also beneficial when it comes to remembering that person once they’ve gone and providing digital ‘keepsakes’ to hold on to.

Contact our Wills and probate solicitors in Bristol

Whether you need to write or amend your Will to include instructions about your digital legacy or you are seeking advice as an Executor on a Will, our specialist solicitors can help.

To contact our Wills and probate solicitors, call us on 0117 325 2929 or fill out our online enquiry form.