What happens to my social media when I’m gone? Things to consider when drafting your Will

I decided to have a look at this myself recently. I have had a Facebook account since I was at university. That’s some 15 years of pictures and memories all held on the social media site that, unless something is done, will remain live until such time as it is deactivated by Facebook for lack of use.

After looking into Facebook’s terms of business, I was surprised to find out that you cannot transfer any of your rights to use the site to anyone else without Facebook’s consent. This means that even if I appoint executors in my Will, neither they, nor friends or family should access my page once I die, without consent from Facebook. If anyone does access an account which they are not authorised to do so, they may be breaking the law under the Computer Misuse Act 1990.

Who do you want give access to your social media accounts?

It is particularly important to consider who you would want accessing accounts such as this, which include messaging facilities, as there may be private information shared with others within the site and you should think about whether you want others accessing that.

Practitioners should ensure that they raise these points with their clients when taking Will instructions to ensure that their clients know to make investigations in relation to their various accounts to ensure their wishes can be actioned upon their death.

If you need legal advice on what will happen to your social media accounts when you are gone, contact our Will solicitors. We also look at more digital assets here.