In February 2015 Facebook launched their “legacy contact” feature in the US and it is now to be introduced in the UK. This will allow Facebook users to appoint a “legacy contact” who will be permitted to administer the page after death – although the ability to write posts may be restricted to one post death.
This is an interesting development in a fast moving area. Time will tell if this proves to be a useful development or whether it leads to more contentious issues if the legacy contact and the executor appointed under the Will are different and they have different views.
Legacy contacts will also be able to update the cover and profile photo and approve new friend requests. Additional permission may be given to download an archive of the photos, posts and profile information that they had shared on Facebook. Previously, it had been possible to create a memorialised page on Facebook but these could not be updated.
Increasingly we live our lives online and there can be few people who do not use any aspect of online shopping, banking or social media. This in turn poses some problems for those dealing with a person’s assets post death. Those charged with that process are required to gather information about assets and liabilities but how do they know they have a comprehensive picture if some information is only available online?
Those with that responsibility will be the executors. To ensure you can choose whom you wish to take that role you must make a Will. In your Will you can give directions about what to do with online accounts, if you wish.
We also recommend maintaining a list of such online accounts and letting your Executors know where that list may be located. Obviously, it is sensible to keep it in a secure place and not to include security information such as passwords. If an executor is appointed to a deceased’s estate, he or she tends to be able to deal with the relevant agencies directly as long as the existence of the accounts is known.
It is important to deal with online accounts, including email, quickly to avoid hacking or scamming, which can lead to much more distress for the family.
However, social media gives rise to some particular issues. Some families would not wish to maintain any sort of profile post death (and generally, in most cases, they would wish posts on the likes of Twitter, which have been scheduled to appear in future, be cancelled) but for others keeping a presence as a focus for sharing memories is a helpful part of bereavement. Difficulties can arise when there is no consensus amongst those affected.
Therefore if you have a social media account it is hugely helpful if you give instructions as to what you would wish happen on your death - again this can be done in a Will. The appointment of a legacy contact in Facebook may also be a way of doing so.
Please contact one of our Private Client experts if you would like advice regarding this issue.
