Can I Leave my Facebook Account in my Will?

Many Facebook accounts contain lots of information, photographs, and memories that may be very sentimental and would want to be retained by family.

It is important to consider what you would like to happen to your Facebook account, as if you do not gift your account under your Will, or take action directly with Facebook during your lifetime, then your account may become inaccessible after your death.

It is perhaps a lesser-known fact, but you can leave your Facebook account in your Will.

What options do I have with my account?

Most people have a Facebook account. Whether they use it or not, if they have not deleted their account, it will remain active.

Whilst you can gift your account under your Will you can also confirm your instructions directly to Facebook during your lifetime.

The following options are available:

• Do nothing – You can do nothing with your profile and leave it forever the way you left it on your death, leaving your account visible to friends (depending on what your privacy settings were at the time).
• Have the account memorialised – You can nominate a ‘legacy contact’ who will have access to your account to keep it alive for the people you are already friends with. The chosen legacy contact will be able to accept friend requests, change your profile picture and manage your account on your behalf. The account will be shown as ‘Remembering’ said person so people know of your passing and then they can leave notes or photos on your personal feed which others can view.
• Removal – You can decide to have your account permanently deleted on your death, meaning all photos and posts associated with any of your accounts will be erased as soon as Facebook is notified of your death, leaving no traces.

You can find more about the memorialisation and removal of your account in Facebook’s ‘settings and privacy’, where you can make your decision now. You can read more by clicking here.

Once you’ve made your choice directly with Facebook, it is best to also include this in your Will or note it down with your Will in a separate letter of wishes.

What do I do once an account holder has passed?

If you are dealing with an estate in which there is a Facebook account, you will need to provide Facebook with proof that the account holder has died and that you have authority to close the account or turn it into a memorialised account.

If you don’t yet have the death certificate, other documents may be allowed as proof. Please note any details in the documents must match those of the details linked to the Facebook account.

If someone you know has recently died and you know or suspect they had specific wishes regarding their Facebook account, you can proceed with fulfilling those wishes by providing the relevant documents to Facebook via their online portal here.

Many people store their memories over the years on Facebook which friends and family like to look back on, so it is something we advise you think about.

If you are considering making a new Will, or are responsible for dealing with a deceased estate, and require some assistance then contact us today.

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