As digital platforms play an increasingly central role in our lives, the question of what happens to online accounts after someone’s death is gaining attention. Legal experts believe social media accounts should be seen as digital assets and stress the importance of setting up legacy options for users.
Romano Dolbey, Head of the Wills and Inheritance Department at James Berry & Associates Legal Consultants, explained that most platforms view accounts as licenses rather than property.
“The challenge is that platforms don’t treat accounts as assets,” he said. “Without ownership, they can’t be inherited.” Dolbey emphasized the global nature of social media and the need for clear laws in each country to address digital inheritance.
Defining Digital Assets and Heirs
At the Federal Supreme Court in Abu Dhabi on November 20, experts debated whether digital footprints can be passed on to heirs. Dolbey highlighted privacy concerns, suggesting wills should specify how accounts and private data are handled. “Access to sensitive information should only be allowed with the deceased’s consent,” he said.
He also called for legislative updates in the UAE, noting the need to classify digital assets like tangible or intangible property.
Dolbey suggested a combined approach, including updates to platform settings and legal processes. “Platforms should let users choose options like appointing a digital heir or memorializing accounts,” he explained. He also urged for wills to include digital assets, managed by a specialized executor.
Legal and Technical Challenges
Byron James, a partner at Expatriate Law, identified privacy and terms of service as key barriers. “Platforms often prevent account access or transfers after death,” he said, calling for laws that require platforms to let users name digital heirs.
James pointed to Germany’s Federal Court of Justice, which ruled social media accounts can be inherited like diaries or letters. “The UAE could learn from such examples while respecting its legal traditions,” he added.
From a technical standpoint, Mousa Sayed, an expert in digital asset management, believes platforms can adapt current features to address digital inheritance. “Platforms already manage user data; they just need to modify these systems for legacy purposes,” he said.
Said proposed secure authentication methods to ensure only authorized heirs gain access while protecting privacy. “This can help platforms safeguard users’ digital legacies and build trust.”
