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Social Media Account (Estate Context)

Also known as: Digital Legacy, Social Media Estate, Online Profile

Definition

A social media account in estate context is an online profile (Facebook, Instagram, X, etc.) held under license that cannot be inherited, but may be memorialised or deleted according to the platform's policies.

Understanding what happens to your digital presence after death is essential for modern estate planning, especially when these accounts contain irreplaceable memories and personal content.

What Does Social Media Account (Estate Context) Mean?

Social media accounts—Facebook, Instagram, X (formerly Twitter), LinkedIn, and TikTok—occupy a unique legal position in UK estate planning. Unlike property or bank accounts you own, social media accounts are held under license agreements with platforms. This distinction means you cannot transfer them in your will like traditional assets. Currently, no specific UK legislation governs social media accounts after death, though the Property (Digital Assets etc) Bill passed third reading in the House of Lords in May 2025. This proposed legislation would clarify that digital assets constitute personal property, but platform terms of service would still control account access.

Platform policies vary significantly. Facebook offers memorialisation with a "Remembering" badge and allows pre-appointed legacy contacts to manage certain aspects. Instagram provides memorialisation or deletion but requires death certificates and proof of authority. X only offers deletion—no memorialisation—while LinkedIn closes accounts entirely upon receiving death certificates. Crucially, even executors with death certificates and grants of probate typically cannot access accounts directly, as platforms prioritize privacy over traditional inheritance authority.

Sarah, aged 34, died suddenly. Her husband Mark discovered that despite being her executor with a death certificate, Facebook refused login credentials to download family photos. Because Sarah hadn't named a legacy contact, Mark could only request memorialisation and screenshot publicly visible photos—all private photos were lost. For content creators, the stakes are higher. James, a 28-year-old influencer earning £3,500 monthly through Instagram, died in a car accident. His executor could not access his account to fulfill £8,000 in brand commitments or continue the £42,000 annual income stream, as Instagram's terms prohibited account transfer.

Common Questions

"What happens to my social media accounts when I die?" Most social media platforms do not allow ownership transfer upon death. Facebook offers memorialisation (a 'Remembering' badge with content preserved), while Instagram and X (Twitter) typically delete accounts upon receiving a death certificate. Your executor cannot legally access your accounts without platform authorization, even with a death certificate and will.

"Can I leave my social media accounts to someone in my will?" No, you cannot transfer ownership of social media accounts in your will because you hold them under license agreements with the platforms, not as owned property. However, you can appoint a Facebook 'legacy contact' during your lifetime to manage your memorialised profile, or leave instructions in your will for account deletion or memorialisation requests.

"Do social media accounts form part of my estate?" Social media accounts exist in a legal grey area. While the accounts themselves cannot be inherited (they're licensed, not owned), any intellectual property you created through them—like original photographs, videos, or written content—may form part of your estate if you hold the copyright. Platform terms of service, not inheritance law, typically control what happens to accounts after death.

Common Misconceptions

Myth: My family can inherit and take over my social media accounts when I die

Reality: Social media accounts cannot be inherited like traditional property because you hold them under non-transferable license agreements, not ownership. Facebook, Instagram, X, and other platforms explicitly prohibit transferring login credentials or account ownership, even after death. Your executor typically cannot access your accounts even with a death certificate and will.

Myth: My executor will automatically be able to access my social media accounts to retrieve photos and messages

Reality: Executors have no automatic right to access social media accounts, and platforms rarely provide login credentials even to authorized legal representatives. Platforms prioritize account privacy and security, offering only memorialisation or deletion options—not account access. This remains true even when the executor presents a death certificate, grant of probate, and the deceased's will.

  • Digital Assets: The broader category of online property that includes social media accounts, email, cloud storage, and other digital holdings requiring specific estate planning.
  • Digital Executor: The person authorized to manage digital assets after death, facing unique challenges when platforms refuse access despite legal authority.
  • Memorial Account: A specific type of preserved social media profile that becomes frozen as a tribute, most commonly offered by Facebook.
  • Online Accounts: Encompasses not just social media but also email, cloud storage, and subscription services requiring similar post-death planning.
  • Digital Legacy: The complete online presence and digital footprint left behind after death, including social media profiles, content, and data.

Need Help with Your Will?

Understanding social media accounts in your estate is essential for modern will-making. Many people don't realize their digital legacy—including years of photos, memories, and possibly income-generating content—requires specific planning that traditional wills don't address. Documenting your wishes now prevents heartbreak later.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.