New Which? research shows most consumers have no plan for what happens to their digital accounts and online assets when they die, leaving huge risk of emails, photos and social media accounts being locked up and inaccessible to loved ones when they pass away
Three-quarters of 14,631 Which? members surveyed in April 2024 had no plan for what to do with their digital assets after they have died.
Just one in five had left directions on how to access their accounts for friends and family and only three per cent had included provisions in their will.
Some six per cent of respondents in Which?’s survey had to access a loved one’s digital assets in the past three years, with the most common being email – three-quarters , followed by photos – three in 10 – and Facebook – a quarter .
Respondents in the survey that needed to access a deceased person’s digital assets complained about frequent issues with accessing accounts, transferring files and dealing with unhelpful customer services.
Digital assets could include email, photos, social media, subscription services, digital media or online accounts. It also incorporates anyone who has self-published, has an online business or anything where they make money online through a digital service.
If a person is an influencer and has a YouTube or Instagram account that has a substantial following and makes money from adverts then it is a grey area what happens to that money when they die.
Royalties traditionally can be specifically gifted in an estate, but with digital assets they may not be considered as royalties. There will likely be information in the agreement with the social media platform about what will happen on the death of someone who is sharing revenue with them, so it is important to check and plan for this, as the content is ultimately owned by the platform.
It can be really difficult to access people’s digital accounts if there is no digital legacy plan in place. In the case of Microsoft, for example, a court order is required to access the deceased’s emails and OneDrive – which often includes a treasure trove of important and sentimental assets such as photos.
On Instagram, users need both the birth and death certificate for the deceased person, and proof that they are their lawful representative, in order to remove the account. Without that, they can only request that the account be memorialised, as long as they provide proof of their death, such as a death certificate or an obituary in a local newspaper.
Which? advises consumers to share account details with loved ones before they die and consider including a letter of wishes, facilitating access to their digital assets, to accompany their will.
The consumer champion is also calling for the overall process for arranging digital legacies to be made much easier. Currently there are no legal rules for how digital assets are dealt with when you die.
More and more of people’s lives are being lived online, but little thought has been given to digital legacies. As ‘digital first’ generations age and pass away, these issues are going to get more pressing and Which? believes lawmakers should consider addressing them.
Harry Rose, Which? 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.
“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.”
