18 Jun 2026
By Judith Bryce, Trainee Solicitor at Gilson Gray.
What Happens to Your Digital Assets and Social Media Account When You Die?
The digital age has most certainly dawned upon us, whether we like it or not, and for most people, this will mean that they have an online presence of some description, typically taking the form of a social media account. This creates the need, therefore, to think practically about our digital assets and what happens to these upon our passing.
Typically, when a loved one dies, and their legal affairs are being handled, the first things that spring to mind relate to what will happen to their house, their car, any valuable or sentimental items and their bank accounts, and while these are important, digital assets are often overlooked. In particular, handling the social media accounts of a loved one who has passed away can be an emotional and stressful task.
This article sets out some helpful tips to consider when navigating this, as well as making some recommendations of steps that can be taken throughout one’s lifetime to make this process easier.
It is often assumed that when a person dies, access to their social media accounts will automatically pass to their family members or their Executors, but this is most likely never the case. Terms and Conditions, no matter how long they may be, should not be ignored. Even if you have been furnished with the deceased individual’s login credentials, it is not only against Instagram’s policies to log in to that account, but in some cases could constitute unauthorised access under the Computer Misuse Act 1990. It is therefore not advisable to simply provide your Executors, or loved ones with a written list of your social media usernames and passwords, as this also poses a serious security risk. You should also never include any sort of login details in your will, namely because upon your death, it becomes a public document.
There are, however, multiple practical solutions to help handle and plan ahead for the fate of your social media accounts when you die. The first tool to consider is Instagram’s ‘Legacy Contact’ option. This enables you, as the account holder, to nominate someone aged 18 or older to look after your profile when you die. The person you choose will be able to make decisions about your Instagram account, such as changing your profile picture, your bio and managing your tags. They will not, however, have free reign over your account and restrictions will apply. Your legacy contact will not be able to post to your account, see or send any messages.
Another option is to have the account memorialised. When this happens, the word “remembering” will appear next to the account holder’s name, and their posts will still be available to those they were originally shared with. If you wish to request that an account be memorialised, you will need to provide proof, such as the obituary or a news article stating that the account holder is deceased. When an account has been memorialised, no one can access it, so if you want someone to be able to make changes to your Instagram account, you should consider appointing a legacy contact.
Appointing a legacy contact, or memorialising an account, are suitable options for anyone who wishes for their Instagram presence to continue following their passing; some people may prefer their account to be deleted altogether. After a process of verification, immediate family members have the option to request that the profile be removed entirely from the platform. Instagram will ask you to prove your interest in this, typically by requesting that you provide the birth and death certificates of the deceased person, as well as proving your status as a representative of that person’s estate.
There are a multitude of options when it comes to handling the social media accounts of someone who has died, and each service provider has their own policy, but the main takeaway here is don’t leave it to chance and assume access will pass automatically. Think ahead and put a plan in place. When taking the time to make your will, ensure you don’t overlook your digital estate, whatever form it takes for you.
Judith Bryce
Trainee Solicitor, Private Client
Phone: 01224 081 952
Email: jbryce@gilsongray.co.uk
The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.
