Emails and Digital Accounts May Affect Your Estate

Today, most people’s lives are consumed by digital technology, social media and the internet. It’s estimated that 59% of the global population, were actively using the internet in July 2020. But have you thought about how your digital footprint, your emails and digital accounts – your ‘digital assets’ – may affect your estate?

The simple answer is no. Not really. A staggering 91% of the UK adult population were recent internet users in 2019 but only 25% of them have included instructions in their Wills about how they should be handled.

Aside from social media platforms, you may subscribe to, it’s likely that you have multiple email accounts, routinely use banking apps and access insurance and pension policies purely online. Then there’s dealing with the practicalities of joint credit cards, mobile phone accounts and the family Netflix account.

Unexpected Complications

Many of us use password managers, recording all online passwords in one place. Simple and organised. However, few of us think about examining in detail the terms and conditions that govern the use of various apps, social media platforms, email providers and so on.

Many have different approaches as to how bereaved relatives can access information after death. Some internet service providers are reluctant to provide information to relatives after someone has died, particularly if there is no indication of the deceased person’s wishes. And there’s a fair amount of confusion over the rights we have over digital assets such as iTunes, digitised books and so on.

Cautionary Tale

In May 2019, after a long expensive battle with Apple, Rachel Thompson won the right to access her late husband’s online account. Her estranged husband had been a keen photographer, storing many photos and videos on his iCloud account. Naturally, Rachel wanted to share them with their young daughter as she grew up. However, he had died suddenly without making a Will or any provision for his digital assets. According to Apple’s terms and conditions, she had no right to access the “digital assets”.

Four years and a Court order later, Rachel got access to the files. This case highlights the importance of effective advance planning for your digital assets, to minimise the stress for those left behind.

Your Digital Legacy

While there’s currently no legal definition in the UK of what constitutes “digital assets”, it’s generally accepted that it includes:

• Email accounts
• Social media accounts
• Digital documents and images
• Online services, including utility companies
• Online banking accounts, including PayPal
• Online shopping accounts
• Cryptocurrencies such as bitcoin

Our Advice

As our use of online services continues to grow, it remains up to individuals to ensure they have made adequate preparations for handing on their digital assets. Our advice is don’t wait to put your digital affairs in order.

When you die, your Will becomes part of a public record so including your online banking details won’t be secure. It’s a good idea to compile a list of online accounts using a secure vault or portal. Share your master password with your lawyer or Executor to avoid leaving unnecessary burden or red tape with your loved ones.

Don’t forget to include utility services and phone contracts. It’s not uncommon to encounter issues with estates where heating or household appliances have been managed using an App. When the mobile provider is notified of the death, the account is closed, and the connection switched off unless the executors take out a new account.

Clearly, the management of your digital assets and accounts is unlikely to be straightforward. It’s a quickly evolving area of law and one that requires careful consideration of your individual circumstances.

If you have any specific concerns regarding your estate planning or queries about how your executors will manage your digital assets, then please contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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