Most of us rightly have concerns about ensuring that our money and assets go to the right people when we die. Avid readers of this blog will not be surprised to hear a repeat mention of the importance of making a will. If you do not have a will, there is no time like the present and if you do have a will, make sure it is updated if your circumstances change.

The primary reason for making a will is to ensure your finances and assets are distributed according to your wishes. However, in this digital age in which most of us participate, there is another good reason to make a will - to protect your digital assets in the way you best see fit.

Almost everyone has digital assets today - whether that’s simply a single Facebook account, or if you’re a user of every new social media platform going. And of course, social media is only a part of our digital footprint these days, most of us will also have a number of other digital accounts with websites and apps, that need due care and attention after we die. 

When we think about dying and inheritance, our minds inevitably skip to property, bank accounts, savings, pensions etc. but it’s perfectly possible that someone could have a reasonable amount of money tied up in PayPal, Ebay, a gambling or gaming site too.

So what steps does Scottish law take to protect the digital assets of the deceased?

In many ways social media accounts and their contents are no different from other assets – they belonged to the deceased and, as such, are taken over by the executors. The will should specify what is to happen to them and if it doesn’t, that responsibility lies with the executor to act reasonably on behalf of the deceased. This usually involves making a decision about whether a site is to be closed and deleted or made available to certain family members or friends as beneficiaries. 

Where accounts are transactional i.e. where money is involved, it is usually considered best practice to close these accounts as they will be linked to the deceased’s bank account which will be frozen as soon as the death certificate is provided.

In terms of social media accounts, each platform has its own policies about deactivating, memorialising or deleting its users’ profiles. The main point is that you can make a decision about the future of your accounts after you die and include that information in your will.

The following are useful links to each channel’s page about what they do and do not offer after a death - some will only allow an account to be deleted.

• Facebook
• Instagram
• Twitter
• LinkedIn
• WhatsApp
• Snapchat
• TikTok
• Pinterest
• Google (and YouTube)
• Microsoft
• Yahoo
• PayPaleBay

Password protection

While it’s important to leave your intentions about social media in your will, it’s equally important not to include the actual passwords themselves. These can and should be left in a separate document, digital or hard copy, with a solicitor or other storage company that has cutting-edge security provisions for this type of thing. Although death is not a laughing matter I’ve heard of people leaving all their passwords in an online document but then not leaving anyone access to this password-protected document or their password-protected laptop!

Without any action taken, our digital lives will simply gather dust in cyberspace after we die but in these days of internet sensations and YouTube zillionaires, anyone who has created a TikTok, YouTube or similar ‘channel’ may need to protect it after their death, more than they might a standard social media account. So when considering your will, it should refer to everything you leave behind including works of digital creativity and content. Even if the asset will no longer be taken forward, it’s important to ensure that the door is not left open to allow someone else to take advantage.

With some forward thinking and planning, you can make this aspect of your death much easier for your loved ones if you are clear about your wishes and leave them the appropriate consent and access. Leaving clear intentions about social media channels can also prevent family disputes during what is already an emotional time for all involved. No one wants their estate to be reduced by expensive legal bills because their family can’t agree on how to handle the deceased’s Facebook account.

As a short addendum, whilst much of Scottish legal life is now digital, one area that ironically is not, is Scottish wills. Making a will in Scotland is done in the old-fashioned way with paper, ink, and an actual document. A Scottish will needs to be signed by the testator (the holder) on every page. So while there are plenty of sites that offer online will-making, they may not be properly regulated or verified which could have consequences for beneficiaries after you die.