Dubai residents can now inherit social media accounts, online assets

Dubai - Facebook allows appointing a Legacy Contact who can post a final message on your timeline.

The UAE residents are being urged to action a Will so that their social media accounts can be inherited by a beneficiary of their choice when they die. 
If registrants do not wish to grant access to anyone, instructions can also state that all social media accounts be deactivated by an elected executor in the event of death.
Following a landmark ruling in Germany last week, which confirmed that social media accounts can be inherited by a beneficiary, the Wills Service Centre at the Dubai International Financial Centre (DIFC) said the ruling has immediate relevance here for expatriates who have elected German law to govern their Will.
However, in an age driven by digital assets and social media content, Sean Hird, director of the DIFC, told Khaleej Times all residents would be wise to make clear instructions about what happens to their virtual estates, sooner rather than later.
"We live in a time where there is so much instant communication on digital platforms. We are not holding on to information like we did precious letters. We are more reckless with it and we are generating so much more content without always realising that it is being kept on record. Because of that we are a bit blasé over digital records."
For years, lawyers and lawmakers around the globe have been grappling with the legal status of online assets, including personal data on sites such as Facebook and YouTube.
In this recent German case, the Federal Court in Germany ruled that heirs have the right to access the Facebook accounts of deceased relatives, saying a social media account can be inherited in the same way as letters.
So with the law now evolving, people need to make provisions as to what happens to their social media accounts after their demise.
"If the law evolves in a way you do not like, it is up to you to address that. What the German case is pointing to is this: if you do not want people to look at your online accounts, you need to leave clear instructions stating that," Hird said.
Much like tangible assets, virtual estates can now be shut down or disposed of in the same way, at the instruction of the deceased by way of a Will.
And for those who do wish to pass on their social media accounts, they are being urged to allow passwords or other information be stored in a safety deposit box, or in a written document held by a lawyer.
At present, some of the biggest social media giants have varying ways in which accounts can be dealt with once the user has passed away. Facebook allows you to appoint a Legacy Contact who can post a final message on your timeline. On Instagram, a third party can memorialise an account after the user dies, but the account can not be altered in anyway.
"While Twitter will not allow anyone to have partial access to your account. They will only work with you to gain access once you can prove the death of a loved one.
In a survey carried out last year, the DIFC courts reported that 89 per cent of people reiterated that they would want all social media accounts to be deleted in the eventuality of death. But the process of going about doing so has been unclear.
With the law on the disposal of online assets changing fast, it's a clear indication of the direction that lawmakers are now taking. And the power is now in the hands of account holders.
"That evolution will likely be followed by other jurisdictions. If that is the case, why leave that uncertainty regarding social media accounts hanging when you know what you want done with it? Just state it, don't stay silent on such matters," Hird told Khaleej Times.
kelly@khaleejtimes.com

Follow these preliminary steps to ensure wishes are carried out
> Reflect on what social media accounts you have as you may want to treat each one differently
> In relation to the social media account footprint is, state how you want each to be treated
> Be clear about who gets content and who gets access. You can allow certain people to look at things but they do not own the content
> It may be that nobody gets anything. In that case, leave it with an executor so they are empowered to close down accounts, or post memorial messages to social media platforms
> Leave passwords (or a formula for passwords) in a safety deposit box or written document

• Dubai