Wrapping up a life online
Written by Rachel Zarb
What happens to your Facebook account when you die? What about all the photos and texts with loved ones on your phone, or documents exchanged via email or stored in the cloud?
With so much of our lives now taking place online, it’s more important than ever to have a plan in place for your digital records when you die, says Natalie Darcy, Senior Estate Planning Solicitor at NSW Trustee and Guardian.
“If you don’t think about how your digital records will be handled when you die, they might not be discovered for a long time – or they might not be discovered at all.”
“This could cost your estate money when it comes to things of financial value like Paypal accounts and fly buy points, as well as when it comes to intellectual property, for example in writing and manuscripts that may be stored digitally," says Natalie.
Digital records also include items of sentimental value such as personal emails and photos. These could be lost to your loved ones if you don’t have a plan in place for them to be accessed, if that is your wish.
“The law is usually clear when it comes to handling physical assets and property,” says Natalie, “but it’s far less so for our digital records. That's because our online lives have evolved rapidly. It has been a steep learning curve to see the impact our online lives can have for legal documents like Wills, and for our loved ones when we die."
Different online providers like email and social media companies have different terms and conditions when it comes to dealing with accounts after someone has passed away.
Some will provide the content of an account to authorised persons, some have a policy of non-disclosure even to family members, and some will have processes in place to close accounts after a period of inactivity.
With these differences in practice and the law still evolving in this space, the first step in planning for your digital records when you die is to make a list, says Natalie.
"I'd advise people to make a list of their digital records and online accounts, including everywhere they have an online precence. It's important the executor has the list, or at least knows where to find the information when the time comes. If the executor doesn't know about digital records or where to find them, things of both financial and sentimental value might be lost forever."
"You also need to consider your wishes for those records and accounts - do you really want family reading your personal emails or accessing other personal information, or would you rather certain things be kept private?"
Finally, consult a professional Will-maker for advice on how to incorporate your wishes into a Will.
There are many rules set out in legislation and in case law about how words and phrases in Wills are interpreted, and how Wills are interpreted as a whole, so it’s important to get proper advice.
NSW Trustee and Guardian has been writing Wills for over 100 years. We’re a trusted and professional government agency with the expertise to support you.
Common types of digital assets
Assets with financial value | Assets with sentimental value |
domain names and blogs that generate revenue | contents of email and social media accounts |
cryptocurrencies | text messages stored on a mobile phone |
customer details and payment records of a business | blogs and websites |
Definitions
- Assets
All of a person’s property including real and personal e.g. bank accounts, realty, shares in companies, cash etc.