Who Gets Your Digital Ghost? The Messy Reality of Digital Inheritance

It’s easy to assume a family’s assets comprise the family home, savings accounts, old jewellery – everything stored, easily seen or touched – even if it is just dumped in the attic.

What you might overlook is that we now all spend our days leaving a digital trail and have created for ourselves a digital estate comprising countless private photos now stored in the cloud, money in cryptocurrency wallets, and precious gaming accounts, along with social media profiles, blogs, video channels, and more.

Most of us assume that when we pass away, our executor or next of kin can easily log on to our laptops or phones to find family photos but tech giants are often adamant that, having ticked the ‘I Agree’ box, you agreed to the terms of service which specify that your access to their technology is really just a non-transferable licence to enter the website to view its content.

Similarly, though you might own what amounts to a digital media library containing a lifetime of music, movies, or ebooks (in the sense that you paid for them), you don’t own anything as such: technically, you’ve simply purchased a limited-use licence to hear or see their content.

Even if you have explicitly consented for a grieving relative to use your laptop or phone post-mortem, because you cannot share your passwords, it could be difficult for a bereaved family member to access these files.

Most of us underestimate the complexity of what we own.

If you have not specifically written instructions about where your online identity is stored (and made it known), your family could be denied the opportunity to salvage any digital memories.

Bringing your estate plan up to date for the 21st century might seem complex, but here are some simple steps you can take.

Talk to your solicitor about adding a new clause to your will, entitled ‘Digital Assets’. This gives your executors a legal basis to manage, delete or monetise your digital footprint and makes sure your wishes are clear. For Family Law Solicitors Gloucester, visit https://deeandgriffin.co.uk/personal-legal-services/family-law-solicitors/gloucester/

Consider using the built-in security features offered by some large tech companies. Apple, for example, allows you to nominate a ‘Legacy Contact‘ while Google lets you name who you’d like to be able to access your emails, contacts, and photos if your account remains inactive for a set period.

Make a secure, offline inventory of your active digital accounts and devices. Store this in a safe but remember that you shouldn’t write passwords in your will or other documents that go to public records through probate because your password will then become public information too.