What happens to your digital assets when you die?

From cloud storage to your social media presence, much of our lives revolve around some form of online presence. However, your digital assets can often be overlooked when estate planning.

With every platform having their own terms and policies, planning for your digital assets can seem like a daunting task. This article provides a brief overview of the key considerations for managing your digital assets after death.

As with any estate planning, the first step is to consider what forms your digital estate. This can range from photos stored on the cloud to social media profiles and email accounts. As with physical assets, having a list or log of your accounts is a good starting point, and you should include usernames or some other identifier for each account. This should be reviewed periodically to ensure that the list is up to date.

Unlike physical possessions, digital accounts do have their own terms of services and privacy laws, and this is something which is constantly evolving as laws and technology continue to develop. This can mean that without clear instructions after your death, the people you choose to manage your affairs, otherwise known as your personal representatives, may face difficulties in accessing your accounts.

Deletion of Accounts

For some, the idea of people being able to access their digital data can be an uncomfortable thought. If you would prefer your online accounts to be permanently deleted after your death, it is sensible to make this clear in writing.

One way of doing this is through a letter of wishes, which accompanies your Will and provides guidance to your executors on how you would like your estate to be managed. A letter of wishes detailing how you would like your accounts to be dealt with can help prevent uncertainty or disagreements for those left behind after your death.

Different platforms have different policies on access after death. Some companies may delete your data after they have been notified of your death, while others may wait for a set period of inactivity before doing so. Some platforms retain your data indefinitely.  As each company is different, your personal representatives may need to check with each company to understand what is required and what their policies are.

Legacy Contacts

Some platforms allow you to set up a designated legacy contact. This is someone who can access certain areas of your account after death.

While the process does vary between providers, the principle is generally the same. While you are alive, you can nominate one or more people you trust who would be able to access your accounts for a limited time once the provider has confirmed your death. Notable examples of providers offering this option are Apple and Google. This can ensure that important information such as photographs can be saved.

If no legacy contact is appointed, then accessing digital accounts can become incredibly complicated. Due to privacy concerns or their independent terms of service, some providers can deny access entirely, limit access at their discretion or, in some cases, only provide data if required to do so by a court order.

If you have family photos or important documents or messages that you would like relatives to be able to access after death, it is key to plan ahead. This could involve setting up a legacy contact or storing important files securely in a more accessible format such as a memory stick or hard drive.  

Memorialising your accounts

Memorialisation is an option for certain platforms. This option ensures the account remains visible, yet it generally cannot be altered or accessed in the usual manner.

In memorialising your account, a respectful online space is created so that your friends and family can share memories. It also provides an easy way to pass on the news of your death and memorial information to your contacts.

As digital spaces become more integral to our lives, it’s important to ensure that you have considered how your digital assets will be dealt with after your death, just as you do for physical assets. Having a plan for this reduces uncertainty and relieves stress for your loved ones during a difficult time.

We would advise having a clear letter of wishes, a list of identifiable accounts and setting up legacy contacts where available. Taking these actions now will make the management of your digital estate significantly easier when the time comes, ensuring that your data is handled as you wish, and taking the pressure off loved ones at a difficult time.