Digital Assets on Death: I leave my Facebook account to…

A question that many people do not stop to consider is what, if anything, happens to your online presence when you die? Most of us now possess some form of digital asset, be it an Email account, Amazon, online banking or simply the sharing or streaming of our photos and videos online.

Generally speaking, the Service Provider will have their own terms and conditions in respect of what will happen to your accounts on your death, and often these are the terms that people just ‘skip’ or agree to without a second thought when setting up the account initially. For instance, Facebook states that you cannot transfer the account to anybody else without their express permission. There is also a designated option to submit a request for the account of a deceased person to be removed/memorialised.

Another example can be found in MIcrosoft Outlook which confirms that the program is given to you on licence, not sold outright, and as such, you can appoint a ‘next of kin’ to whom Outlook will provide a digital copy of all of your emails etc.

It is important to ensure that, when a loved one has died, information on their digital assets is collated to ensure that their ‘digital estate’ is also administered properly. In reality, a copy Grant of Probate should be sent to the Service Provider before the next of kin or Executor attempts to access any online accounts (to avoid being guilty of an offence under the Computer Misuse Act).

What can I do?
To plan ahead, it is recommended that you collate a list of all your online accounts, complete with usernames, passwords and any memorable information that may be needed to access it. You could then consider depositing a copy of the list along with your Will or Lasting Powers of Attorney.

It is also worth appointing a Digital Executor, which can be done using your will in the same way that you may normally appoint an Executor or Trustee (the individual(s) who would be able to apply for the Grant of Probate and begin administering your estate). This will allow for someone to be given your express authority to manage/close your online accounts or assets.

This is a complex area of will writing as it is important to keep a distinct separation of powers to avoid any conflicts with the general executors, and any gifts of digital assets need to be kept and drafted separately.

Whilst there are many complications surrounding the passing of digital assets on death, particularly in cross-border estates, it is something that you should consider putting into place. Our specialist Wills Team are on hand to ensure that your digital assets are appropriately protected and any digital Executors are appointed.

If you would like to discuss the sources used in making this article, or would like any assistance with your own Will, please do not hesitate to contact us.