The way we live our lives has changed dramatically in the digital age, and more than ever, our online presence is a significant part of our identity. From social media platforms to online banking, streaming services to cloud storage, our digital footprints are often more extensive and complex than we realise. However, unlike traditional assets, our social media accounts, email services, and other online accounts are regularly overlooked when creating an estate plan or a will.
Despite being intangible, the digital assets we accumulate over our lifetime hold both personal and sometimes financial value. Naturally, this leads to important considerations regarding what happens to these digital traces when we pass away. Planning for the inheritance or management of our digital legacy is not just a prudent step; it is also essential for providing clarity to family members and reducing emotional burden.
A digital legacy refers to the digital records, accounts, and assets that form your existence online — valuable or sentimental items you might want to pass on or have appropriately handled after your death. This includes email accounts, social media accounts (Facebook, Instagram, LinkedIn, Twitter, etc.), digital banking accounts, cryptocurrency wallets, subscription services, websites, digital photos, music, videos, and personal documents stored in the cloud.
Leaving your online accounts unmanaged can lead to a series of complications for your heirs. Without instructions, family members may struggle with account access, leaving some digital legacies in limbo. In addition, some accounts need immediate suspension or deletion to prevent posthumous privacy breaches or identity theft.
1. Privacy and Identity Theft: If your accounts are left open and accessible after your death, they could be targets for malicious actors who can hack into your personal data. Information such as your email, social media, and cloud storage may remain vulnerable if no one has control over them.
2. Emotional Relief for Loved Ones: Dealing with the death of a loved one is already an emotionally difficult experience, and sorting through the deceased’s digital life can add to the burden. By addressing how you would like your digital accounts handled, you are saving your heirs from having to make these decisions while in mourning.
3. Sentimental and Financial Value: Some files and accounts may hold significant sentimental value for your loved ones, while others could have financial importance. Photos, videos, personal writing, and even digital assets like cryptocurrency or royalties should be considered valuable parts of your estate.
Preparing a plan for your digital legacy does not need to be a daunting task. While online accounts may present some unique challenges, mapping out your intentions clearly and concisely can safeguard your digital identity after death. Here are some steps to guide you through creating a digital legacy plan.
First and foremost, begin by making an inventory of your digital assets. Create a list of your digital accounts, services, and any devices that may store relevant information. Digital assets can generally be broken down into two categories:
– Personal Digital Assets: These are your personal accounts where you may want someone to keep, delete, or manage assets of sentimental value. Examples include social media profiles, email accounts, digital photographs, and online storage.
– Monetary or Financial Digital Assets: These refer to accounts that have or generate financial value. They could include business websites, royalties, content subscription services, cryptocurrency accounts, or digital forms of investment.
Include usernames, email addresses, account details, and any pertinent login information for each account. Be very cautious about including passwords directly in your will, as the legal record of your will becomes public once it is accepted into probate. Providing this information in a secure, accessible form is essential.
Next, decide what you want to happen to each digital asset listed in your inventory. For different types of digital content, the instructions may vary. Here’s what you could consider:
– Social Media Accounts: Decide whether you want social media accounts closed, memorialised, or accessed by a designated person. Some platforms, like Facebook and Instagram, already offer memorialisation policies, whereas others, like Twitter, allow only the deactivation of accounts.
– Email Services: Email accounts serve as the hub of online activity. You may want a trusted person to gain access and provide further directions, or you may wish for the account to be deleted.
– Cloud and Storage Services: Digital storage spaces like Google Drive, Dropbox, and iCloud may contain important documents, photos, or files. Decide whether these files should be transferred to someone, deleted, or maintained.
– Digital Financial Assets: If you own cryptocurrency or have online investment portfolios, determine how these will be passed on. Sometimes detailed instructions for account access are needed, as your beneficiary will require specific tools and information to manage or cash out these holdings.
In addition to your general executor, appointing a digital executor can be an effective way to ensure that your digital estate is handled according to your wishes. A digital executor is a specific individual you entrust to manage your digital assets after your passing.
This person must have the technical knowledge to navigate digital platforms, as well as access to necessary credentials via a secure method (as opposed to including them in the will). Moreover, they must be given explicit authority to act on your behalf when handling digital assets.
Bear in mind that laws and recognition of digital executors can differ by jurisdiction, so consulting a solicitor for legal advice about digital executorship in your country or state is prudent.
Among the main challenges of including digital accounts in an estate plan is the differing terms of use and user agreements across various platforms. Some of these platforms allow individuals to assign an account custodian after death, while others may have strict privacy policies that prevent access by another person.
To help clarify the process, review the policies of your service providers for handling inactive or deceased users’ accounts. Fortunately, many of the major online services today have policies that allow the account holder to express their wishes when preparing for eventual account closure. Here are examples from a few common services:
– Facebook: Facebook allows you to designate a legacy contact who will manage your account when you memorialise it. This individual can post tributes, respond to friend requests, and update your profile picture. Alternatively, you can request the account’s permanent deletion.
– Google Accounts: Google’s Inactive Account Manager enables users to decide what to do with their account after a period of inactivity. You can opt to have your data shared with a trusted contact or have your account deleted.
– Apple ID: Apple’s Legacy Contact tool allows you to designate people who can access your account data after your death. The app provides access to photos, notes, email addresses, and other data that were synced through iCloud.
– Instagram and LinkedIn: Both Instagram and LinkedIn offer memorialisation options for deceased users. While neither platform allows posthumous control over the account by another person, loved ones can request for the profiles to be memorialised or deactivated.
It is also wise to anticipate changes. Companies update their policies over time, meaning it’s necessary to revisit and periodically update your digital legacy plan.
As mentioned earlier, storing login information in a will is not recommended since wills may become public after probate. In its place, you can use a secure service, such as a password manager, which allows the sharing of login credentials with designated individuals only after your passing.
Alternatively, you can keep a physical record of passwords in a safety deposit box or other secure location. Just ensure that someone you trust knows how to access the instructions when the time comes.
Even if you appoint a digital executor, it is essential to grant legal permission for account access through your will. Many online services, due to privacy policies, may ask for proof that the deceased granted express consent for the executor to access the account.
Use this section in your will to outline your authority for the named executor, noting that they are explicitly permitted to manage or close down your digital accounts in accordance with the law.
Legal wording, depending on country-specific statutes, might include permission for data retrieval from computers and electronic devices, and the control, transfer, closure, or deletion of online accounts.
As technology evolves and new policies are introduced on online platforms, having a “set-it-and-forget-it” mindset is unwise. Over time, new platforms, services, and tools will need attention, and old accounts that gather dust may no longer follow the same legal provisions.
Therefore, updating your plan on a regular basis is essential for ensuring that your will reflects your most current wishes regarding digital content and assets. Similarly, review account features to check if platforms have added any new features for post-death management, such as newer options for memorialisation or account transfers.
While documenting your digital legacy is an essential step, starting the conversation with loved ones holds significant value. Share your intentions with those closest to you so they understand your wishes and are prepared for the eventual management of your digital footprint. Not only does this reduce uncertainty, but it also gives your loved ones the opportunity to ask questions about certain assets or preferences.
In today’s interconnected world, a comprehensive will needs to go beyond physical property and bank accounts, so that it incorporates the digital dimension of our lives as well. By detailing what will happen to your digital assets, naming a digital executor, and keeping login credentials secure, you can ensure that your digital presence is handled respectfully, and according to your wishes, after your death.
Taking control of these matters relieves loved ones from additional stress during a difficult time, preserves sentimental and financial assets, and mitigates potential security risks. Though it may seem overwhelming, preparing a digital legacy plan is an essential step toward a truly complete estate plan in the digital age. With regular updates and clear instructions, you can make sure that your digital life is responsibly managed and that your digital footprint reflects your legacy long after you’re gone.
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