12th September 2024

What happens to your digital assets after your death?

Consumer Tips

It may not be something you want to think about just now, but do you know what will happen to your digital assets after you die?

From your photographs, videos, purchased songs and media, to your social media profiles and online accounts – when you list them all, you may be surprised just how many digital assets you actually have.

However, a new survey by Which? has found that the majority of people are not adequately planning for what will happen to these things when they are no longer around. And you should never just assume that they will be safe and that your loved ones will be able to access them.

The consumer watchdog has issued a warning that digital assets are ‘at risk of being lost’ due to a ‘lack of planning for death’.

Their poll found that fewer than one in five people have drawn up instructions for how to access their online accounts when they pass away. As well as emails and photos, some digital entities may have elements that could be classed as major financial assets. For example, social media accounts that receive royalties.

As a result, Which? is urging people to share the details of their online accounts with loved ones, and to consider putting together a letter of wishes to accompany their will. Which? is also pushing for the UK government and social media giants to make the process of accessing dead people’s accounts simpler.

Out of the 14,631 subscribers Which? polled in April 2024, 76% said they had no plan for what would happen to their digital assets after their death. Just 18% had drawn up directions for how to access their online accounts, with only 3% having included them in their will.

In their report, Which? said: “Whilst being able to access profiles allows people to retrieve digital items of sentimental value, such as photos and emails, there is often a financial element too. For example, you may need to access particular websites to stop payments for subscriptions or services.

“Significant assets may also be held in the online space. People could lose control of online businesses and self-published works if they fail to pass them on correctly through a will or letter of wishes.”

Which? also warn of other grey areas that could prove to be challenging for beneficiaries. For example, since the rise of influencers, people can make money from social media adverts and other posts. But Which? say that what happens to these revenue streams after death is unclear.

The consumer site says that anyone benefiting from such an arrangement should check their agreement with each social platform, and what the protocol is for passing these assets on. For example, on Instagram, Which? found that users need both the birth and death certificates of the dead person, as well as proof that they are their lawful representative, to access the account of the deceased.

Which? also say that people should be aware that, while royalties can be specifically gifted by an estate, benefits derived from digital assets may not be classed as royalties. This issue is something Which? wants the government to provide greater clarity on, given that more and more of people’s lives are being played out in the digital sphere. It urged lawmakers to come up with a legal framework that would deal with digital assets after a person’s death.

Which? added that it had received multiple complaints from bereaved people about accessing their loved ones’ digital presences. It had received reports of serious issues with accessing accounts, transferring files and dealing with unhelpful customer services.