What is your digital legacy, and why should you care? You’ve made a Will to ensure your bank accounts and assets are properly handled after your death, but what about your online presence? Let’s take a deeper look at what a digital legacy is and how to make sure your online life is managed after you are gone.
What Is a Digital Legacy?
In today’s digital world, your assets aren’t just physical, many of them exist online. Your digital legacy includes everything from:
- Your online music collection
- Digital photographs
- Virtual game characters
- Emails
- Social media accounts like Facebook, Instagram, X and more
If you’re active online, you may have a wealth of personal information stored in various places. After you pass away, your family and friends may struggle to access and manage these digital assets. They might want to save your precious memories or close accounts, but without the right information, this could be impossible.
Why Do You Need to Plan for Your Digital Legacy?
Without proper planning, your digital presence could remain uncontrolled after your death, leading to frustration for your loved ones. This is where thinking ahead can really make a difference. Here’s how to get started:
1. Compile a List of Your Digital Presence
Start by making a comprehensive list of all your online accounts. Include social media accounts, email accounts, cloud storage, and digital purchases (like eBooks or music). This list will help ensure that nothing is left behind or forgotten.
2. Decide What You Want to Happen to Your Digital Assets
Consider what you would like your executors to do with each of your online accounts and digital assets. Do you want them to close certain accounts? Should they preserve photographs, emails, or other memories? By providing clear instructions in writing, you can guide your family and executors in managing your online presence.
3. A Digital Legacy Letter for Your Executors
It’s a good idea to write a letter outlining your wishes for your digital legacy, and store it with your Will. This way, your family and executors know exactly what to do with your online accounts after you’re gone. Keep in mind that some digital assets, such as music or eBooks, are licenses, not possessions, and may not be transferrable.
4. Keep Your Digital Assets Log Updated
It is recommended that you create a “personal assets log” that includes both physical and digital assets. This log should contain information about all your online accounts, including social media, email, and cloud storage. A log like this will make it much easier for your executors to manage your digital legacy.
5. Be Cautious with Sensitive Information
While it’s important to provide access to your online accounts, never write down sensitive information such as PINs or internet banking details. Executors can access your bank accounts using the appropriate legal process, and you don’t want to jeopardize the security of your personal banking information.
Planning Ahead for Your Digital Legacy
Planning for your digital legacy is an important, yet often overlooked aspect of estate planning. While managing physical assets like property and financial accounts is straightforward, digital assets require careful consideration. The good news is that, with a bit of thought and organization, you can ensure your digital life is handled according to your wishes, without adding unnecessary complexity for your loved ones.
Digital Legacy and the Importance of Preparation
In today’s digital world, almost every aspect of our lives is tied to the internet—whether it’s photos, emails, or even cryptocurrency. However, as digital assets can be uniquely complex, failing to plan for their future can lead to confusion, privacy risks, and missed opportunities for preserving important memories.
Planning ahead doesn’t mean getting bogged down in technicalities. Instead, it’s about taking proactive, manageable steps that empower your family and executors to handle your digital assets effectively after you’re gone.
1. Clarify Ownership and Access Rights
Many digital platforms operate on licenses rather than ownership. For example, your music collection on a streaming service or an eBook purchased from an online store is often a licensed access to content, not outright ownership. This means that, in most cases, these items cannot be transferred to someone else after your death. By understanding the terms of service of each digital platform, you can make informed decisions on what can and cannot be passed on. For assets that cannot be transferred, make sure you document your wishes so executors can manage them appropriately (such as closing accounts or removing your data from public view).
2. Consider Privacy and Security
While it’s crucial to give your executors the access they need, it’s equally important to think about privacy and security. Some online accounts—particularly email, banking, and financial management platforms—contain sensitive information that could be misused if not properly managed. One way to address this is by designating a trusted individual to be your digital executor (someone with the authority to handle your digital legacy). This person should understand the importance of keeping sensitive data secure.
Additionally, many people use two-factor authentication for extra security on their accounts. If that’s the case, it’s essential to provide your executors with instructions on how to access the necessary devices or authentication methods when needed. This could include keeping a secure copy of recovery codes in a trusted place.
3. Consider Your Social Media and Online Presence
One of the most emotionally charged aspects of your digital legacy is your social media presence. These platforms often house a large number of personal interactions and memories. Think about what you would want to happen to these profiles after your death. Would you like them memorialized, with a message to honor your memory, or completely deactivated?
Some platforms allow you to designate a legacy contact, which can provide peace of mind. This person may have the authority to manage your account, but only within the parameters set by the platform’s policies. It’s also wise to keep a record of your social media login credentials in a secure location so your executor can access the accounts to carry out your wishes.
4. Document Digital Assets Beyond Social Media
Besides your social media accounts, there are other digital assets that should be considered. For example, if you have photographs, documents, or files stored in the cloud (such as Google Drive, Dropbox, or iCloud), make sure these are accounted for in your digital legacy plan. If you have any digital subscriptions, such as magazine subscriptions or streaming services, make a list of those accounts too.
For content that’s important to you, consider backing it up in multiple locations. This ensures that even if one account is inaccessible, your memories or important files are safely stored.
5. Regularly Update Your Digital Legacy Plan
As with any aspect of estate planning, it’s important to review your digital legacy plan regularly. As your digital life evolves, so should your plan. New accounts may be created, and old accounts may be closed or forgotten. Make it a habit to periodically update your list of digital assets and ensure your instructions are current.
By keeping your digital legacy plan updated, you ensure that nothing is overlooked, and that your family and executors can carry out your wishes without confusion.
6. Engage with a Digital Estate Professional
While it’s perfectly possible to manage your digital legacy on your own, consider working with a legal or digital estate planning professional. They can help ensure you’ve considered all the technicalities and potential legal issues surrounding your digital assets. For example, they can guide you through ensuring your passwords are safely stored or help you address complicated issues with online platforms that may have different terms of service.
Conclusion
Planning for your digital legacy doesn’t need to be overwhelming. By taking a few strategic steps—such as documenting your digital assets, understanding your ownership rights, and ensuring that your executors can manage your accounts securely—you can make a difficult time easier for your loved ones and preserve your online memories according to your wishes. A little forward-thinking now can spare your family a lot of confusion and frustration later.
Each social media platform has its own policy for deceased users. Some allow you to designate a “legacy contact” who can manage your account, while others may allow your account to be memorialized. It’s important to review the settings for each account and designate trusted contacts who can carry out your wishes.
In most cases, no. When you purchase digital content such as music, eBooks, or movies, you’re actually purchasing a license to access that content. These licenses typically don’t transfer after death, so you may not be able to pass on digital media to your loved ones.
Consider using a secure password manager to store sensitive information like login credentials for online accounts. For less sensitive information, you can store your digital legacy details in a written document or log that can be updated regularly. Make sure your executors know how to access this information when the time comes.
Need help with planning your digital legacy?
Our team at Thornton Jones is here to assist. If you need help and advice in regard to your digital legacy then call us today.
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
