Can a 'digital buddy' bring solace to our loved ones?

Our most treasured mementoes often have sentimental rather than monetary value. They may be quirky keepsakes from a loved one, a scribbled note, journals, old tunes, or perhaps a photograph.

In the modern age, many of these sentimental possessions are stashed online. Indeed, Facebook’s Year in Review feature, which generated a slideshow of users’ personal content during the Christmas period, is a great example of how our digital and our personal lives are becoming ever more intertwined.

While the feature may have drawn a smile from most as they took a look back over the year, it is also an example of how digital content can have a negative impact, particularly if it includes a loved one who has passed away. At least one Facebook user was left distraught after their Year in Review started with a forgotten image of a loved one who had recently died.

In this digital age, making sure that we’re aware of the digital legacy we’re leaving behind is more important than ever. Our photos, music and musings are more than likely tucked safely away in the online cloud, which is great – but having our content conveniently stashed under digital lock and key could mean that, rather than bringing comfort in grief to our families and loved ones, they stay locked away, forever unseen, after our death or incapacity.

Previous generations were good at making arrangements with regard to sentimental objects, but it is not something that, as yet, we give sufficient thought to in this digital age.

However, not making your digital legacy clear could mean important or sentimental material, such as photographs on social networks or collections on music sharing websites, is never recovered, and instead is left floating around, lost in cyberspace. The time to act is now: it’s important to make provision while we can to ensure our loved ones are able to access our digital legacies.

Research by Experian in 2013 found that the average Briton has 19 different online accounts, with 25 to 34-year-olds the most prolific account holders with
28 each. Further, Ofcom research published in 2014 revealed 83 per cent of adults are now online, including a 9 per cent rise in those aged 65 and over (42 per cent compared with 33 per cent in 2012). Of the adults online, around two-thirds are active on social networks such as Facebook, Twitter, Instagram, Tumblr, LinkedIn and Flickr, sharing photos, videos and opinions.

Shopping and banking online is growing fast: up to 75 per cent of people in Britain do their shopping via the internet, and over half use internet banking, according to the Office for National Statistics data.

Our collective digital assets are growing significantly as
the popularity of the internet continues to increase, combined with the cumulative effect of around ten years of Facebook, Twitter and other popular social networks. Indeed, the launch of a purely digital currency, Bitcoin, in 2008, shows just how digitised we have become.

Digital assets are now a key part of discussions with my clients. I am urging people to consider a section in their legal document, whether it’s a will or lasting power of attorney (LPA), covering what they want to happen to their digital assets.

Everyone who has online assets should consider appointing a digital ‘buddy’ or executor to act for them in the event of death or incapacity. Any arrangement should
be linked to formal legal provisions, so it is important
to seek advice from a solicitor.

Here are my five steps for clients to consider:

• List login details, including passwords, for every online account. Consider keeping passwords and account details separately to protect security.
• Decide what you want to be done with your accounts after your death – strip assets, close down or continue for posterity? For instance, if provided with proof of a death, Facebook will switch a user’s profile to a memorial page.
• Appoint a digital or social media executor – someone tech-savvy that you trust to look after your online assets in the event of your death or loss of mental capacity.
• Consider what specific tasks you want your ‘buddy’ to do. As well as archiving and managing content, this could include sorting out online subscriptions or credits and communicating with your online community.
• Talk to your solicitor about your digital wishes so they can be linked to or incorporated into your last will and testament or LPA.

There will probably always be
a combination of physical and digital objects among our valuables, but we are rapidly moving to a point where we don’t see a difference in importance between the two.

Although digital possessions are increasingly becoming a key part of the legacies we will all leave behind, don’t forget the importance of those non-digital memories. One of the most often cited regrets of people whose loved ones have passed away is that they didn’t get to ask them important questions they’d always wanted to know the answer to. Whether stored online or in a physical diary or a book, these memories and stories can be a priceless treasure trove once a loved one has passed away. SJ

Claire Currie is a partner at Kirwans