Most people have at least one social media account, but what happens to your social media account when you pass away?
Some social media platforms, like Facebook for example, have a setting where you can choose what must happen to your account after your death. You can either choose to have your account memorialised or deleted. As soon as Facebook is notified of your death, they will enact your wishes, as indicated by you in the settings. Some social media account platforms will also delete or memorialise your account upon notice of your death from an immediate family member. They may request a copy of your death certificate before they make any changes on your account.
There is not much legislation directing how your social media accounts should be dealt with on death, but the schools of thought in the fiduciary industry are that social media accounts are not assets that you can bequeath in your Will. This does not mean that you should not make provision for what you would like to happen to your social media accounts upon your death as part of your estate planning.
To ensure that your social media accounts are dealt with as per your wishes you should request a person (i.e. someone you trust) to handle your social media accounts upon your death and grant them permission to do so in your Will. You may also prescribe who may and who may not have access to your social media accounts to assist in this process after your death. In addition to your will, it is recommended to also draft a letter of wishes listing all your social media accounts and what your wishes are in relation to each account. The letter of wishes should also indicate where the passwords are to be found and this should be kept as confidential as possible, e.g. an application with a vault of passwords, or a similar solution.
There is no “off the shelf” solution in relation to password protection and each person needs to tailor their social media password protection as they see fit. It is equally important to apply your mind and clearly set out your wishes with regards to your social media accounts upon your passing, as it is to consider bequests to your heirs.
If you need assistance to include a clause in your will to deal with your social media accounts, kindly contact tamryn@fidelisvox.co.za.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)