A digital legacy encompasses the digital information that remains about someone following their death, which is often shaped by the interactions they made and the information they created before passing away. This includes social media profiles, online conversations, photos, videos, gaming profiles and personal websites or blogs. Additionally, a person's digital legacy can be influenced by content created or co-created by others, such as interactions on someone else's social media wall or posts about the person on external websites.
The components of a digital legacy
One of the most significant advantages of gifting during your lifetime is the ability to witness the impact firsthand. Rather than waiting until after you're gone, you can enjoy seeing your loved ones benefit from your generosity in real-time.
- 1. Social media and online conversations: These are perhaps the most visible parts of a digital legacy. They include all the posts, comments, photos and videos a person has shared on platforms like Facebook, TikTok, Instagram and X (formally known as Twitter).
2. Digital assets: This category includes email accounts, online banking information, cryptocurrency, online trading accounts, streaming services and more. Digital assets can hold both sentimental and monetary value, making their management crucial, especially in the age of paperless bank/insurance statements and online money management.
3. User-Generated content: Beyond social media, digital legacies are also composed of user reviews, blog posts, uploaded media and gaming profiles. These elements reflect the interests and activities of the individual.
4. Online interactions by others: A person's digital legacy is not solely defined by their actions but also by how others interact with them online. This can include comments on social media, mentions in blogs, or articles about them on external sites.
Importance of Planning a Digital Legacy
The online world has developed significantly over the past 15 years or so, but the rules and policies behind it have not kept up with this fast pace. There is currently no overriding general legal right for family members to be able to access the digital accounts of someone who has passed away. However, some platforms, such as Facebook and Apple iCloud, are starting to develop legacy policies so that someone can request access to an account upon the death of the owner or post on the deceased’s behalf.
Advanced planning ensures that digital accounts and assets are accessible to the right people at the right time, preventing them from being locked behind passwords indefinitely. Planning a digital legacy allows individuals to control who can access their
digital accounts and assets upon death or incapacitation, making it a critical component of overall legacy planning.
Challenges in Managing Digital Legacies
Managing a digital legacy presents unique challenges, especially in the context of inheritance law. The question of what happens to digital profiles, accounts, texts and data after one's death is complex. Digital legacies are usually password-protected and encrypted, making it difficult for relatives to manage them without prior planning. This complexity is further exacerbated if the deceased was conducting business online, as the management of ongoing revenues, such as from YouTube channels or Instagram profiles, needs to be considered.
Your Right to be forgotten
The right to be forgotten, also known as the right to erasure, is a fundamental privacy principle that empowers individuals to have certain data about them removed from internet records or databases.
Under this principle, individuals have the authority to request the deletion of their personal data from specific platforms or search engines when it is no longer necessary, relevant, or if its continued availability infringes on their privacy rights. This right is not absolute and must be balanced against other fundamental rights, such as the freedom of expression and the public's right to access information. However, it plays a pivotal role in allowing individuals to control their digital legacy and mitigate potential harms that could arise from outdated or misleading information available online.
The Role of Digital Executors
Appointing a digital executor in one's will can help to ensure that digital assets are managed according to the deceased's wishes. This executor, ideally someone with a good understanding of technology, is responsible for closing down online profiles and managing digital assets. They should also be granted specific power and authority to deal with Internet Service Providers, ensuring that the digital legacy is handled appropriately.
Want to hear more?
If you would like to understand more about your digital legacy, or to learn more about how we can support your legacy planning goals, our expert financial planners are here to help.
We can’t wait to hear your story.
