Your digital legacy — what happens to your online accounts, photos and passwords when you die

Your digital life doesn't automatically transfer to anyone

This is the part that surprises most families. When someone dies, their online accounts don't simply pass to next of kin the way a house or a bank balance might.

With many online accounts, users hold only a licence — which may be non-transferable and could terminate on their death. That means the photos, emails, and documents you think of as belonging to your loved one may not legally be transferable at all.

New Zealand law has yet to fully catch up with the digital age. Executors must often rely on general property law, privacy regulations, and the terms of individual service providers. Some overseas jurisdictions, including several US states, now grant executors explicit rights to access digital assets after a will-maker's death. Until similar reform occurs here, careful planning remains the best protection.

What the big platforms actually do

Each platform handles death differently. Knowing the options helps you make decisions — both for your own accounts and when navigating a loved one's digital presence after they die.

Facebook allows an account to be memorialised, meaning the word "Remembering" appears next to the person's name. A memorialised profile won't appear in suggestions for people you know, ads, or birthday reminders.

A legacy contact can request that Facebook memorialise an account, write a memorial message for display, download an archive of photos and profile information, and continue accepting friend requests on behalf of the person who has died. Alternatively, they can request that the account be deactivated.

If you would prefer the account to be permanently deleted rather than memorialised, Facebook provides a separate process for that, but only for immediate family members or legal representatives.

Google offers a tool called Inactive Account Manager. This allows someone to designate a trusted contact who will receive a message written by the account owner and any data they choose to share after the account has been inactive for a specified period. Setting this up can save family members significant time when trying to gain access to information stored in a loved one's Google account.

Without this, things get harder. Google treats user data as private and confidential after death. Even with death certificates, court orders, and proof of relationship, Google typically denies access to account contents unless the user explicitly set up account recovery options beforehand.

Google will delete inactive accounts after two years of inactivity — a policy that began being enforced in December 2023 — which means precious memories could disappear forever unless action is taken.

Apple's approach centres on a Legacy Contact feature. A Legacy Contact is someone you choose to have access to the data in your Apple account after your death. Adding a Legacy Contact is the easiest, most secure way to give someone you trust access to your stored data, which may include photos, messages, notes, files, downloaded apps, device backups and more.

They will not be able to access payment information, subscriptions, or keychain information such as passwords to various websites. The Legacy Contact must be set up before the Apple user dies, and the chosen contact must show proof of identity and produce a copy of the death certificate.

For Instagram, a family member or digital executor can request memorialisation or deletion, but there is no legacy contact feature.

X (formerly Twitter) does not offer a legacy contact option, but an immediate family member or person authorised to act on behalf of the estate can request that the account be removed.

Passwords — a practical and sensitive issue

Dealing with passwords after someone dies is one of those tasks that nobody warned you about, and it can feel surprisingly raw — accessing someone's private world at the very moment you are grieving them. There are a few things worth knowing.

Avoid including passwords in a will, as the will becomes public after probate. Instead, store passwords securely using a password manager, an encrypted file, or a separate memorandum of wishes held safely with a solicitor.

If you want your accounts to be accessible after your death, you might consider recording your details — passwords, logins, locations — in a safe place. Note that providers of some services, such as internet banking, do not permit you to record certain details. It is worth reading the terms of your agreements carefully.

Google cannot provide passwords or other login details, and most other major platforms take the same position. The only reliable route to access is proper planning before death.

What you can do right now — for yourself and for the people you love

It feels strange to think about this while life is busy and full. But doing a little now is one of the kindest things you can do for the people who will one day need to sort through things on your behalf.

• Set up a Legacy Contact on your Apple account (in Settings, under your name, then Legacy Contact)
• Set up Google's Inactive Account Manager (in your Google account under Data and Privacy)
• Set up a Facebook legacy contact (in Settings, under Memorialisation Settings)
• Create a secure record of your accounts — a password manager or an encrypted document stored somewhere your executor can find
• Talk to a solicitor about including a digital assets clause in your will, and consider naming a digital executor who understands your online world
• Leave a separate memorandum of wishes — not the will itself — with any access details your family might need

While the executor of a will is typically responsible for handling the estate, they may not have the expertise to deal with digital assets. You can appoint a digital executor — someone trusted to manage your digital affairs — who should be familiar with the different platforms you use, as they may need to request access or handle deletion requests.

If you are managing a loved one's accounts right now

If there is no named legacy contact and no instructions in a will, managing digital accounts can be tricky. The next of kin or the estate's executor may need to request access through legal means. This can involve proving your relationship with the person who has died and navigating each platform's policies on data access after death.

Start by contacting each platform's support team directly. Have a death certificate ready — most platforms will need it. Services like Facebook, Google, and banking institutions often require proof of death and sometimes a court order to grant access. It can take time, and it can feel bureaucratic at a moment when you least have the energy for it. You do not have to do it all at once.

If you are worried about photos being lost — particularly if your loved one had an iPhone or used Google Photos — reaching out to those platforms' bereavement support teams as soon as you are able is the most important first step.

It is not just about access — it is about memory

There is something quietly significant about a person's online presence. Their Instagram grid. Their email threads. Years of photos in the cloud. For many families, getting access to those images is not an administrative task — it is about holding on to something of the person they have lost. That matters, and it is worth fighting through the paperwork for.

If you are the one planning ahead, think about what you would want the people you love to have. The photos from your last holiday together. The voice messages. The things that would otherwise simply vanish. A little thought now is a real act of love.

You do not have to figure all of this out today. But when you are ready to take the next step, our planning ahead guide can walk you through the practical tasks at your own pace — one thing at a time.

Circumstances vary. Verify specific details directly with the relevant organisation before acting.

Written and reviewed with care by BesideYou.

Sources

• Apple Support (NZ): Add a Legacy Contact for your Apple Account
• Apple Support (NZ): Request access to a deceased family member's Apple Account
• Google Account Help: Submit a request regarding a deceased user's account
• Google Account Help: About Inactive Account Manager
• Downie Stewart Lawyers: Digital Assets and your Estate
• Simpson Western: Digital assets and your estate
• Harkness Henry Lawyers: Handling Digital Assets in Your Will
• Kaimai Law: Digital assets and your estate
• Franklin Law: Digital Assets in Wills and Estate Planning
• Gallaway Cook Allan Lawyers: Law Society Says To Consider "Digital Legacy" When Making A Will