Who has the legal rights to your social media and online ‘assets’ after death?

Robert Webb, partner at Roythornes Solicitors, explains what the law says regarding social media and online accounts and who can claim ownership of your ‘digital assets’.

Despite living resolutely in the Information Age, there is surprisingly little legislation designed to protect what are known as ‘digital assets’ in the event of a person’s death. Whilst there is no formal definition, a digital asset is an asset that has value and can be owned at some point but has no physicality e.g. music, e-books, social media and email accounts.

We use our phones, tablets and PC’s every day for more than just communication: we use them to capture images and videos, create and store documents, listen to music, read books and watch movies. We have social media accounts to share our pictures and videos. We buy and sell through PayPal and eBay. But what happens to our online accounts following our death and, most importantly, who do they then belong to?

Don’t take for granted that digital assets only have a value of sentimentality. From cryptocurrency to .com accounts, there is a value to be accessed, whether it’s a personal account or a business website that generates an income and has a more ‘tangible’ financial value.

So, whilst at present you cannot make a will for your digital assets, there are some things you can do to ensure that the right people have access to them following your death:

Digital music files

Music libraries should be saved to an external hard drive if possible. iTunes accounts are not transferrable and end on death as you no longer comply with the set terms and conditions. There is, however, no further guidance as to what happens following death so consider passing on the account user information to a trusted person or set up a joint account for multiple users.

eBooks

The above also applies to eBooks. Like digital music, the usage licence dies with the user and cannot be transferred. Again, consider giving your family the account details. It is worth noting some e-books are protected by DRM (digital rights management) which prevents copying.

Online Banking

Online bank accounts are usually easily traceable through bank cards and cheque books and are dealt with on incapacity or death in the same way as any traditional bank account. Whether or not attorneys and executors will be able to continue to manage such accounts digitally depends on the terms and conditions of the bank or building society. Most banks have specific departments with trained staff to deal with bereavement, powers of attorney and deputyship.

Online payment accounts

Online payment accounts such as PayPal and Amazon can sometimes contain balances and the existence of these accounts can usually be traced via traditional bank statements, which are linked to these online accounts.

Though such accounts often don’t usually have cash balances, it’s prudent for attorneys and executors to make enquiries, as such accounts can contain refunds and credits from online transactions. Dealing with these entities is generally harder than dealing with high street banks, and more difficult still if the email address that the deceased used in relation to these accounts isn’t known.

Cryptocurrencies

Cryptocurrencies and bitcoins have been around since 2009 marking the start of decentralized blockchain-based digital currencies with no central server, and no tangible assets held in reserve. Also known as cryptocurrencies, blockchain-based digital currencies proved resistant to attempts by the government to regulate them, because there was no central organization or person with the power to turn them off. Because of this, they have been seen as an easy target for criminals. However, it is possible to remove the currency and store it in a safe. By providing your executors with the username and password to your account, the currency can be accessed, and your beneficiaries can inherit your balance.