We live increasingly online. Social media, email, online banking, streaming services – these are just a few of the digital touchpoints that make up our modern lives. But what happens to these accounts and the data they hold when we die? This is the growing concern of digital legacy.
What is Digital Legacy?
Simply put, digital legacy refers to your online presence and the data you leave behind after you pass away. This can include:
- Social media accounts: Facebook, Instagram, Twitter/X, etc.
- Email accounts: Work and personal
- Online banking and financial accounts: Investments, pensions, cryptocurrency
- Streaming services: Netflix, Spotify, Amazon Prime
- Cloud storage: Google Drive, Dropbox, iCloud
- Online photos and videos: Stored on platforms or personal devices
- Online gaming accounts
- Websites and blogs
- Smart home devices
Why is Digital Legacy Important?
- Protecting your loved ones:
- Financial security: Ensuring access to essential financial information for your family to manage and finalise your affairs.
- Emotional well-being: Allowing loved ones to access cherished memories, photos, and videos.
- Avoiding online harassment: Preventing malicious actors from exploiting your accounts (e.g., scammers using your social media to defraud friends and family).
- Preserving your digital footprint:
- Controlling your online narrative: Determining how your online presence is remembered.
- Honouring your wishes: Ensuring your digital assets are handled according to your preferences.
What Happens to Your Accounts by Default?
The rules vary depending on the platform. Some common scenarios include:
- Account inactivity: Many platforms deactivate accounts after a period of inactivity, often leading to data deletion.
- Platform policies: Some platforms have specific policies regarding deceased users, but these can vary greatly.
- No clear guidelines: In many cases, there are no clear procedures for dealing with deceased user accounts.
Taking Control of Your Digital Legacy
Thankfully, you can take steps to ensure your digital affairs are in order:
- Create a Digital Will – What is a Digital Will ?
- Digital Wills are NOT Legally Binding (Generally): Unlike traditional wills dealing with physical assets, digital wills do not have legal standing. They are more like instructions or guidelines.
- Focus on Access, Not Ownership: The primary goal is usually to grant access to accounts (email, social media, online banking) so loved ones can manage them, close them, or retrieve important information, you can nominate a particular person to deal with this “a Digital Executor” – it is worth mentioning this person in your traditional Will too.
- Platform-Specific Policies: Each platform (Facebook, Google, etc.) has its own policies regarding account access after death. These policies often involve designated “legacy contacts” or procedures for requesting account information.
- Importance of Traditional Wills: A traditional, legally executed will remains crucial for handling financial assets, property and other assets.
What should a Digital Will contain:
- Account Inventory: Create a comprehensive list of all your online accounts (social media, email, streaming services, online shopping, etc.).
- Password Management: Use a secure password manager to store and organize your login credentials.
- Digital Asset Instructions: Clearly document your wishes for each account:
- Should it be deleted?
- Should it be transferred to someone else?
- Should certain information be preserved (photos, messages)?
- Review Regularly: Update your digital will and account information periodically as your online presence evolves.
- Provide access information: Securely store login credentials, passwords, and security questions.
- Review Account Settings:
- Check platform policies: Familiarise yourself with the policies of each platform you use.
- Utilise legacy settings: Many platforms now offer legacy contact options, allowing you to designate a trusted contact to manage your account after your death.
- Consider account deactivation options: Explore options for automatic account closure after a period of inactivity.
- Regularly Update Your Information:
- Keep contact information current: Ensure your emergency contact information is up-to-date on all relevant platforms.
- Review and update passwords: Regularly change passwords and use strong, unique passwords for each account.
- Utilize two-factor authentication: Enhance account security by enabling two-factor authentication wherever possible but you will need to ensure that your Digital Executor can also have access to this.
- Communicate Your Wishes:
- Discuss your digital legacy with loved ones: Share the whereabouts of your digital will and explain your wishes.
- Provide clear instructions: Guide your digital executor on how to proceed with your accounts.
The Future of Digital Legacy
As our digital lives continue to evolve, so too will the challenges of managing our digital legacies. Technological advancements, such as blockchain technology and decentralised platforms, may offer new solutions for managing and preserving digital assets after death.
Ultimately, taking proactive steps to manage your digital legacy is essential to protect your loved ones, preserve your digital footprint, and ensure your online presence reflects your wishes even after you are gone.
Our Wills, Trusts and Estates team can guide you through the whole process, whatever your circumstances. For more information and advice contact Emma Woollard at Prettys Solicitors 01473 298342 or on ewoollard@prettys.co.uk
