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The Digital Afterlife: A Guide to Managing Digital Assets after a Loss

In an era where we live much of our lives online, it is no surprise that our digital footprints outlast us. From the photos we share on social media to the subscriptions we manage, our digital lives are rich with memories, data, and even financial value. What happens to all of that when we pass away? How do we ensure our loved ones handle these assets, and what can we do to simplify their task?

While the thought of digital assets might not immediately strike you as pressing, as Wills, Probate and Estate Planning lawyers working with families who have lost a loved one, we know that more and more clients are grappling with this issue. Bethan Creasey, Associate Solicitor in the team, speaks in more detail below on how to manage the digital world after death.

What are digital assets?

A digital asset is anything that exists in digital form and is owned and controlled by an individual. From social media profiles to online shopping accounts, there is a lot to manage. Although digital assets have no physical presence, the reality is that these digital elements are just as important as physical belongings, and taking the right steps can prevent headaches and heartache for those left behind.

The social media dilemma: How do I close or memorialise the social media account of a deceased loved one?

The different social media platforms will have their own individual rules for how to manage accounts after a user has passed away. When someone passes, their account may not automatically disappear, which leaves friends and family unsure of how to manage it.

Facebook:

  • Offers a "memorialisation" feature, preserving the account as a tribute.
  • Allows others to leave messages of remembrance while keeping the original content intact.
  • If no "Legacy Contact" (a trusted person to manage the account) was assigned, immediate family can request memorialisation by providing documents such as a death certificate.
  • Families can also request account deletion by proving their relationship to the deceased.

Instagram:

  • Follows a similar process to Facebook but does not have a "Legacy Contact" feature.
  • Family members can request either memorialisation or account removal by providing proof of identity and the deceased's death certificate.

LinkedIn, X (formerly Twitter), and TikTok

  • Do not currently offer memorialisation options.
  • They do provide methods to close accounts upon proving your relationship to the deceased and submitting a death certificate.

Closing the inbox: How can I close the email account of someone who has passed?

It is not just social media that needs attention; email accounts and online subscriptions also require careful management. Google, for example, lets users appoint an "Inactive Account Manager" who can take over in the event of the account holder’s death. However, if no such contact was assigned, a request to close the account can still be made by providing proof of the account holder’s death, a government-issued ID, and the relevant estate documents.

In cases where no Inactive Account Manager was set up, the process can be lengthy. However, it is not impossible. With a death certificate and other estate-related documents, a Google account and other email accounts held with different providers can be closed, and potentially, the associated data can be retrieved.

The digital shop: What happens to online subscriptions once someone has passed?

When dealing with the estate of a loved one, it is easy to overlook the digital subscriptions that may continue to charge automatically.

Services like Amazon, Apple, and eBay are among the major platforms that require specific steps to close or transfer accounts. For example, Amazon provides a dedicated bereavement support team to assist family members in either closing the account or transferring it to an authorised individual. Similarly, Apple offers a "Legacy Contact" feature, allowing a designated person to manage the account after death. If no Legacy Contact was appointed, family members can still initiate the account closure process by submitting a death certificate. It is important to address these subscriptions promptly to ensure the deceased's digital assets are properly managed.

The growing challenge of cryptocurrency: How can cryptocurrency be accessed and managed when a loved one passes away?

Perhaps the most complicated digital assets are cryptocurrencies. As we are seeing more cryptocurrencies in estates, we are learning more about how to administer such assets. With their highly secure digital wallets and cryptographic keys, managing crypto assets after death can feel like navigating a labyrinth. Unlike traditional bank accounts, where assets can be transferred through simple documentation, cryptocurrency relies on private keys, pieces of cryptographic code that authenticate transactions. Without access to these keys, the digital assets are lost.

For those managing the estate of someone who held cryptocurrency, the process often involves contacting the exchange platform, such as Coinjar, Coinbase, or Blockchain, and providing documentation proving authority, such as a Will or probate. However, the lack of a central authority governing cryptocurrency can make this process more challenging than dealing with a bank account. It is crucial for cryptocurrency owners to consider leaving instructions on how to access their wallets or store private keys in a safe place to avoid these complications.

Taking proactive steps: How can I ensure my digital assets are properly managed and accessible for my loved ones after I pass?

The key takeaway here is that, just as we plan for the division of our physical assets, we should also consider our digital legacy. By thinking ahead and taking simple steps, whether assigning a Legacy Contact on social media or designating an Inactive Account Manager for email services, we can ensure that our loved ones won’t be left with a mess to untangle.

Digital assets are increasingly valuable, not just in monetary terms but as repositories of memories, communications, and legacies. As we move forward in this increasingly online world, managing these assets after death is purely another aspect of estate planning that deserves our attention. Taking proactive steps today can save time, reduce stress, and allow loved ones to focus on what truly matters in the wake of a loss.

In the end, we all leave behind more than just memories; we leave digital footprints. While they may never completely disappear, it is comforting to know that with the right tools, they can be handled with the respect and care they deserve.

Contact our Wills, Probate and Estate Planning Solicitors

If you have any questions or you wish to speak with a member of the Wills, Probate and Estate Planning team in one of our offices in Andover, Romsey, Salisbury, Totton or Witney, complete the Contact Form, call your local office using one of the numbers below or email info@parkerbullen.com.

ENDS

This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice.  All content was correct at the time of publishing and we cannot be held responsible for any changes that may invalidate this article.