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Money maven: Will my will cover my digital assets?

What happens to our digital life when we die is becoming an increasingly important question

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Social media profile page in smartphone screen at work. Woman looking at feed, status update or post with mobile phone. Inefficient lazy worker avoiding job. Follow, like or send friend request.

November 03, 2022 14:42

Q I am about to update my will and a friend has told me I have to include digital content in there. What does this mean and how do I do it?

A That was very good advice from your friend as what happens to our digital life when we die is becoming an increasingly important question.

Your digital assets are basically anything you own that exists in a digital rather than physical format. So for example your PayPal, Facebook and Instagram accounts, photos, any NFTs or cryptocurrency you may own and books or music you have downloaded.

According to a survey by the Law Society, 93 per cent of respondents had not included digital assets in their will.

Much of it, such as your documents or photos, may have only sentimental rather than monetary value, but other assets with value need to form part of your estate.

Bank accounts and other assets with clear monetary value held online do not typically fall into this category as these institutions have a legal obligation to transfer the money on production of a death certificate and in accordance with your will or the intestacy laws.

So when you update your will you need to leave clear instruction as to what you want to happen to your digital life when you die. It may be that you want all social media deleted or there are accounts you would rather your friends and family knew nothing about. You can appoint a digital executor.

You need to create either an online or paper file of all your accounts and passwords and what monetary value is contained in them.

You must keep this up-to-date and keep it secure. Remember, items you download such as music or ebooks are only licensed for use during your life and cannot be bequeathed.

“With many social media platforms only created in the last few decades, it is all too easy to overlook your digital assets when making a will,” said a Law Society spokesperson.

“However, this can leave family members unable to access family photos saved on the deceased’s online accounts or close their loved one’s social media accounts.

It can also leave them unable to access information they might need for probate, which is stored on the deceased’s email or online banking accounts.

“Writing a digital will and keeping a clear record of online passwords ensures that your loved ones are able to access your digital assets and are not faced with any additional stresses during probate.”

Some sites, such as Google, Facebook and Apple, now let you designate a legacy contact or inactive account manager who can access and manage your account on your death.

But others may not make life so easy, so it is worth checking what their T&Cs say and putting plans in place to access them if need be.

Remember to include in your will what you want to happen to your social media accounts — for example, do you want them all deleted or memorialised?

STEP (advisingfamilies.org/uk/)

November 03, 2022 14:42

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