There has been a surge in the use of social media and online accounts in the last decade. From paperless billing to online shopping, our online presence is growing every day. As we enter the digital generation, it is imperative that this progression is reflected in our succession planning.

Difficulties with Digital Presence After Death 

Many of our assets and family mementos are now digital with more and more parts of our lives being contained and managed online. However, this can be problematic for families following the death of their loved ones. A recent case heard at Central London County Court demonstrates just this. In July 2015, Apple rejected Rachel Thompson’s request to access her late husband’s online account to retrieve 4500 family photos and 900 videos. Apple refused to release any of Mr Thompson’s iPhone media until Mrs Thompson obtained a court order, on the grounds that Mr Thompson did not specify who should be permitted to access his account after his death. Three years of legal battles and thousands of pounds later, Mrs Thompson was finally given access to her late husband’s Apple account. 

Unfortunately, Mrs Thompson’s case is not a one-off. Tech giants such as Apple and social networking sites such as Facebook are reluctant to release users’ account information or passwords for fear that they will be breaching data protection and online privacy laws. Each service provider has their own policies and regulations governing what happens when a user passes away, making it all the more difficult for families during an already difficult time.

Digital Legacy Planning 

It is important that you make provision for your ‘digital assets’ in your succession planning to remove the burden from your loved ones. Digital assets include anything from content stored on your computer such as photos, videos and word documents, to any accounts you have online, for example social networking, email and PayPal accounts. 

You may wish to make a Digital Will that instructs loved ones on how to manage your digital presence and assets following your death. You might want to think about all the digital assets that you have and create an inventory which records all account details and passwords. Then, you may wish to consider the information that is held on them and how you want each account to be administered should anything happen to you. It is advisable to consider the terms and conditions that you agreed to when making these accounts and how they will impact those who try to access your accounts following your death. As you would with a regular Will, you may wish to elect an individual who is permitted to access your accounts called a ‘digital executor’, and give them instructions as to how they should deal with them following your death.

Find Out More 

Contact Jane Whyte, Wealth Protection specialist at Cannons Law Practice LLP on 0141 204 5115 or at jane@cannonslaw.com if you are interested in making a Will and/or finding out more about digital legacy planning.

Written by Fiona Griffin.