Press release

Most people have no plan for ‘digital death’, Which? finds

New Which? research shows most consumers have no plan for what happens to their digital accounts and online assets when they die, leaving huge risk of emails, photos and social media accounts being locked up and inaccessible to loved ones when they pass away
5 min read
Press Team

The consumer champion is urging people to take action and prepare a ‘digital plan’ so it is much clearer what ultimately happens to their digital footprint, which in some cases could include social online accounts that produce an income.

Three-quarters (76%) of 14,631 Which? members surveyed in April 2024 had no plan for what to do with their digital assets after they have died. 

Just one in five (18%) had left directions on how to access their accounts for friends and family and only three per cent had included provisions in their will.

Some six per cent of respondents in Which?’s survey had to access a loved one’s digital assets in the past three years, with the most common being email - three-quarters (74%), followed by photos - three in 10 (31%) - and Facebook - a quarter (24%). 

Respondents in the survey that needed to access a deceased person’s digital assets complained about frequent issues with accessing accounts, transferring files and dealing with unhelpful customer services. 

Digital assets could include email, photos, social media, subscription services, digital media or online accounts. It also incorporates anyone who has self-published, has an online business or anything where they make money online through a digital service.

If a person is an influencer and has a YouTube or Instagram account that has a substantial following and makes money from adverts then it is a grey area what happens to that money when they die. 

Royalties traditionally can be specifically gifted in an estate, but with digital assets they may not be considered as royalties. There will likely be information in the agreement with the social media platform about what will happen on the death of someone who is sharing revenue with them, so it is important to check and plan for this, as the content is ultimately owned by the platform.  

It can be really difficult to access people’s digital accounts if there is no digital legacy plan in place. In the case of Microsoft, for example, a court order is required to access the deceased’s emails and OneDrive – which often includes a treasure trove of important and sentimental assets such as photos.

On Instagram, users need both the birth and death certificate for the deceased person, and proof that they are their lawful representative, in order to remove the account. Without that, they can only request that the account be memorialised, as long as they provide proof of their death, such as a death certificate or an obituary in a local newspaper.

Which? advises consumers to share account details with loved ones before they die and consider including a letter of wishes, facilitating access to their digital assets, to accompany their will. 

The consumer champion is also calling for the overall process for arranging digital legacies to be made much easier. Currently there are no legal rules for how digital assets are dealt with when you die. 

More and more of people’s lives are being lived online, but little thought has been given to digital legacies. As ‘digital first’ generations age and pass away, these issues are going to get more pressing and Which? believes lawmakers should consider addressing them. 

Harry Rose, Which? magazine editor, said:

“Our latest research throws into sharp relief the lack of planning the vast majority of people have done for what happens to their digital assets when they die. 

“Whether it’s handing over sentimental assets such as photos, or simply enabling a loved one to close down your social media accounts, we strongly advise consumers to put a plan in place. 

“Which? is also calling for the government and tech companies to make the process of handing over digital assets much easier so that it is much clearer what people need to do, and to help ease the pressure during some of the most stressful times of their lives.”

-ENDS- 

Notes to editors

  • Which? surveyed 14,631 members of its Connect panel in April 2024.

  • Consumers can write their letter of wishes with the help of Which? wills services. 

Advice for consumers on creating a digital legacy plan

Cloud storage
Most cloud storage services, such as OneDrive, enable you to create a shared document and then securely share this with other people. You can include instructions here, and keep them updated. Also consider including smartphone Pin codes just in case. Password managers, such as LastPass and Dashlane, are also useful for securely sharing passwords with others. Many also enable you to share notes containing information and guidance on logging in to your accounts. Lastpass even offers a dedicated ‘digital contingency’ service.

Local storage
If data isn’t stored in two places, it’s not reliably stored. It’s easy to back up important photos and other files – and to include your digital legacy plan when you have one – on a USB stick or physical hard drive, and you could drop off a duplicate of this with a loved one straight away. Most can be password protected, so you can share how to access it in your cloud service note, or in a letter of wishes. Just make sure that a stored digital legacy plan is updated regularly with the latest details, such as if you change a password or get a new phone.

Establish a letter of wishes
It’s best not to include specific digital assets or services in your will. Alongside issues around ownership, digital assets can also frequently change, so you won’t want the expense of frequently updating your will. Instead, it’s often advised to include a ‘letter of wishes’. This is a separate document that accompanies the will. It is not legally binding, but it can explain what you want to happen with your digital accounts and data and provide more information to your executors and family.

About Which?

Which? is the UK’s consumer champion, here to make life simpler, fairer and safer for everyone. Our research gets to the heart of consumer issues, our advice is impartial, and our rigorous product tests lead to expert recommendations. We’re the independent consumer voice that influences politicians and lawmakers, investigates, holds businesses to account and makes change happen. As an organisation we’re not for profit and all for making consumers more powerful.