Less than one in five of the 14,000 respondents surveyed by Which? have left instructions to family and friends on how to access their accounts should they pass away, while only 3% included any in their will.
Digital assets include subscription services, social media profiles, emails and photos saved in a cloud storage system.
The knock-on effects of leaving no plan can lead to subscriptions and bills being left to run and run without being cancelled.
Accessing the accounts is often a struggle, according to those who’ve had to handle a loved one’s ‘digital legacy’ once they’ve died. Prominent issues include transferring files between accounts and handling unhelpful customer services.
In the case of Microsoft’s OneDrive storage system, you need to obtain a court order if you want to view treasured photos or important emails left on the platform. Securing the court order involves attending a hearing and requiring you to bring documents as part of the judgment.
On Instagram, the process of removing an account for a loved one who has died is just as arduous. You need to get both a birth certificate and death certificate for the deceased person and proof that you are the lawful representative to carry out the action of deleting their Instagram account.
The alternative option is to have the page memorialised if you don’t have those documents but have proof of their death, which can be a certificate or obituary in a newspaper.
Considering the leg work required to handle those accounts during what is often a distressing time, Which? has urged families to share account details alongside their will.
While there are no legal rules for how digital assets are dealt with after death, the consumer champion has also called on making the process much simpler for loved ones left with handling a family member’s affairs once they die.
Meanwhile, the complications continue if someone makes money through content created on a social media platform like YouTube or Instagram. This is because the royalties made from the digital assets, which would traditionally be gifted to an estate, could be owned by the platform instead.
In those cases, it’s important to check the information in the agreement about what happens to the profile if someone sharing revenue with the platform dies.
‘Put a plan in place’
Harry Rose, Which?’s magazine editor, said: “Our latest research throws into sharp relief the lack of planning the vast majority of people have done for what happens to their digital assets when they die.
“Whether it’s handing over sentimental assets such as photos, or simply enabling a loved one to close down your social media accounts, we strongly advise consumers to put a plan in place.”
Rose added: “Which? is also calling for the Government and tech companies to make the process of handing over digital assets much easier so that it is much clearer what people need to do, and to help ease the pressure during some of the most stressful times of their lives.”
The consumer champion has also provided three tips to leave a manageable digital legacy for your loved ones.
Three tips on leaving a digital legacy
1. Sort out your cloud storage
Most services, such as OneDrive, enable you to create a shared document and then securely share this with other people. You can include instructions here, and keep them updated. Also consider including smartphone pin codes just in case. Password managers, such as LastPass and Dashlane, are also useful for securely sharing passwords with others.
Many also enable you to share notes containing information and guidance on logging into your accounts. LastPass even offers a dedicated ‘digital contingency’ service.
2. Back up your data
It’s easy to back up important photos and other files – and to include your digital legacy plan when you have one – on a USB stick or physical hard drive, and you could drop off a duplicate of this with a loved one straight away.
Most can be password-protected, so you can share how to access it in your cloud service note, or in a letter of wishes. Just make sure that a stored digital legacy plan is updated regularly with the latest details, such as if you change a password or get a new phone.
3. Establish a letter of wishes
It’s best not to include specific digital assets or services in your will. Alongside issues around ownership, digital assets can also frequently change, so you won’t want the expense of frequently updating your will. Instead, it’s often advised to include a ‘letter of wishes’. This is a separate document that accompanies the will.
It is not legally binding, but it can explain what you want to happen with your digital accounts and data and provide more information to your executors and family.
