Many of us have sentimental photographs, videos and information stored on online platforms. It is important to ensure that these are dealt with appropriately when considering digital estate planning.
The difficulty is that the underlying ownership position of the social media account is often complex and regulated by the terms of a service agreement(s). Typically, the platform provider actually owns the account, and the user is granted a licence to use it. However, steps can be taken to ensure that the content is dealt with efficiently on death.
This blog explores how to manage your digital estate, with a focus on personal digital assets commonly stored on social media platforms and cloud services.
Apple
Apple allows individuals to appoint a Legacy Contact(s). The Legacy Contact(s) signs into Apple to claim access to a deceased user's data. They need to provide a death certificate and the access key that the user created when selecting the Legacy Contact(s). Apple will then issue a username and password for the account and gives the Legacy Contact(s) access to the data for a limited time (three years from when the request is approved). During this time, the Legacy Contact (s) can view and download data.
The data available for the Legacy Contact(s) includes: iCloud photos, messages in iCloud, notes, mail, files in the iCloud drive, voice memos, call history, apps which have been downloaded and more. The Legacy Contact(s) cannot access information stored in the account holder's Keychain. This means the Legacy Contact(s) will not have access to saved usernames, passwords, pass keys and credit card information.
Google takes a different position in that it allows an Inactive Account Manager to be set up and the appointment of a Trusted Contact. This allows the user to elect which parts of their account data can be shared with their Trusted Contact. Up to 10 people can be selected to receive the data.
The Trusted Contact will receive a notification once an account they are nominated on has been inactive for a specified period. The notification will contain a list of the data which the user wishes to share eg. Drive, Mail and YouTube. The Trusted Contact will then be able to download all of the shared data through the link provided.
Facebook allows users to appoint a Legacy Contact, who can take control of the deceased's account once they have been provided with a copy of the death certificate. The Legacy Contact has limited control over the deceased's account but is able to manage who can post, view tribute messages on the page, as well as having the option to remove tribute posts. The Legacy Contact can ask Facebook to delete the deceased's account or memorialise it. They can respond to friend requests and update the deceased's profile picture and cover photo.
The Legacy Contact does not have access to the messages sent to and by the deceased on Facebook. There is an option for the Legacy Contact to be allowed to download everything which the deceased posted on Facebook during their lifetime, but consent to this must have been granted by the deceased during their lifetime and does not extend to private messages.
Instagram provides the option for friends or family to memorialise an account once they have been provided with a copy of the death certificate. This means that the account remains viewable, but no new content can be added or existing content modified. The posted photographs are memorialised and will not be lost. A request to delete the account entirely can also be submitted.
By planning ahead, you can ensure that your digital assets are managed in accordance with your wishes whilst allowing certain people access to those special memories which are stored online in the event of your incapacity or passing. Proper planning means photos, messages, and other meaningful digital content can be retained according to your intentions, while sensitive information remains protected. Ultimately, taking these steps provides peace of mind for both you and those you care about, helping to safeguard your digital legacy for the future.
If you have any queries or require advice in relation to digital asset estate planning, please get in touch with one of our experts.
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Senior Solicitor
