Digital legacy and Irish law
Irish law has not kept pace with digital life. Here is what the current legal framework says, and the gaps you need to plan around yourself.
The core problem in one sentence
Irish law does not clearly treat digital accounts as property. That means they may not be covered by your will, your executor may have no clear right to access them, and no Irish law requires platforms to hand them over.
So your executor can be left holding instructions they have no legal way to carry out. The arrangements that reliably work are the ones you make yourself, while you are alive: legacy contacts set in each platform's own settings, a record of your accounts and passwords so nothing is missed, and copies of your photos and documents on devices you own.
The Succession Act 1965
The Succession Act 1965 governs how property passes when someone dies in Ireland. It was written long before digital accounts existed and does not mention them.
Under the Act, your estate (the property you leave behind) passes either according to your will or, if you die without one, under the rules of intestacy, which share it among your nearest relatives in fixed proportions. That works well for things that are clearly yours, such as a house, savings, or shares.
Digital accounts present a fundamental difficulty: most of them are not owned by the account holder. When you create a Facebook account, you agree to Facebook's terms of service. Those terms typically give you a personal, non-transferable licence to use the platform, not ownership of the account itself. So the account usually cannot be "left to" someone in a will in the ordinary way, because it was never yours to give.
Usually covered by your will
- •Bank accounts and savings, including online-only banks
- •Cryptocurrency, if your executor can get the private key or seed phrase
- •Digital files stored on devices you own (documents, photos)
- •Royalties and digital intellectual property
Legally uncertain
- •Email account content
- •Social media profiles and history
- •Cloud-stored personal files
- •Domain names (depends on the registrar's terms)
- •Online gaming accounts with purchased items
- •Loyalty and reward points
Not transferable
- •Streaming service subscriptions (Netflix, Spotify)
- •Purchased digital books, films, and music (you bought a licence, not the content)
- •App Store and Google Play purchases
- •Platform-specific virtual currencies
GDPR and your data after death
The General Data Protection Regulation (GDPR) applies across the EU, including Ireland. Under Article 17, you can ask platforms to delete your personal data. But GDPR only protects living people: Recital 27 states that it does not apply to the personal data of people who have died, and Ireland has not added any rules of its own to extend it.
In practice, this means your family cannot use GDPR to have your data deleted, or to get a copy of it, after you die. What happens instead depends on each platform's own policy for deceased users.
Practical implication: If you want your accounts deleted after your death, set this up now in each platform's own settings where you can (Facebook and Google both let you choose deletion in advance), and write your wishes for the rest in your Digital Wishes document. Any power of attorney ends when you die, so it cannot be used for this.
What your executor can and cannot do
When you appoint an executor in your will, they are granted the authority to administer your estate. In practice, this authority is well-understood for physical and financial property: they can access your bank account, sell your house, and distribute your belongings.
For digital accounts, the position is far less clear. Most large platforms serve Irish users through Irish-based companies (Facebook, for example, is provided by Meta Platforms Ireland), but their terms of service and policies for deceased users are set by the company, not by Irish law. No Irish law requires a platform to give your executor access to your account, and a grant of probate does not change that.
The practical result is that your executor may spend months corresponding with platforms, sending death certificates and waiting for replies, and may still be refused, even with a valid Irish grant of probate.
Common frustrations executors face in Ireland
- Requests about a deceased user often go through special forms or teams, and can take weeks or months to resolve
- Each platform has its own evidence requirements, such as a death certificate, proof of your relationship, or a grant of probate
- Some platforms, such as Instagram and WhatsApp, offer no way for an executor to get into the account at all
- Crypto wallets without a backup of the private key or seed phrase are permanently inaccessible. There is no "forgot my password" option
- Subscriptions keep charging until someone finds and cancels them. Bank and card statements are the most reliable way to find them
Can your executor log in as you?
Leaving your passwords where your executor can find them is practical advice, and this guide recommends it. But having your password is not the same as having the right to use it.
The platform's rules. Most platforms treat your account as personal to you. Facebook's terms say you must not share your password or give anyone else access to your account without Meta's permission. Apple's iCloud terms say your account cannot be transferred and that your rights to it end when you die, except through its Legacy Contact feature. If someone logs in as you, they may be breaking those terms, and the platform can lock or close the account.
Irish criminal law. Under section 2 of the Criminal Justice (Offences Relating to Information Systems) Act 2017, it is an offence to access a computer system "without lawful authority or reasonable excuse" by getting past a security measure such as a password. The Act does not say whether permission you gave while you were alive still counts once you have died, especially where the platform's own terms say your rights end at death. No law gives your executor a right to sign in to your accounts, so they should not assume it is safe to do so.
What this means in practice
- Use each platform's own legacy tool wherever there is one (Facebook, Apple, Google). These are the routes the platform has agreed to.
- Your password manager, or your sealed record, is most useful to your executor as a list. It shows which accounts exist without anyone needing to sign in to them.
- For banks, credit unions, investments and other financial accounts, your executor should contact the provider's bereavement team and never sign in or move money online.
- Your executor should never post, send messages, or make changes while appearing to be you.
- Where signing in seems the only way, for example to save photos from an account with no legacy tool, your executor should ask the solicitor dealing with the estate first.
- Unlocking your own phone or computer is a different matter, because the device is part of your estate. Apps on it that connect to online accounts raise the same question as above.
The case for change
Ireland has no legislation that deals specifically with digital assets when someone dies. The Law Reform Commission, the independent body that reviews Irish law and recommends reforms, would be the natural body to examine the question.
Other countries have moved further. In the United States, most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which gives executors a legal framework for accessing a deceased person's digital accounts. The Law Commission of England and Wales has also published work on how the law should treat digital assets.
Until Ireland legislates, it is up to each of us to plan around the gap, using platform legacy tools, a clear will clause, and password access to give our executors the best chance.
What good legislation would look like
- →A statutory right for named executors to access digital accounts under Irish law, binding on platforms operating in Ireland
- →A clear definition of "digital assets" as estate property, subject to normal succession rules
- →A presumption that digital legacy contacts nominated on platforms represent the deceased's wishes
- →A requirement for platforms to respond to verified death and executor notifications within a defined timeframe
- →Clear rules on whether an executor can get a copy of, or delete, a deceased person's personal data (GDPR does not cover this)
What to do now, given the current law
Add a digital assets clause to your will
Ask your solicitor to include a clause that explicitly names your digital assets, appoints a digital executor, and references your "Digital Wishes" document. It cannot force a platform to cooperate, but it records your intentions clearly and shows that your executor is acting with your authority.
Name a digital executor
This can be the same person as your general executor or someone more comfortable with technology. Give them: your account inventory, your Digital Wishes document, and your password access method. Make sure they know they have this role.
Use the platforms' own legacy tools: they often work better than a will
Facebook's Legacy Contact, Apple's Legacy Contact, and Google's Inactive Account Manager are usually more effective than a will for those accounts, because the platform has already agreed to honour them. The person you choose may still need to provide a death certificate, but they avoid most of the process an executor would otherwise face.
Store cryptocurrency private keys with your will
For crypto you hold yourself (rather than on an exchange), the private key or seed phrase is the only way in. Store it securely where your executor can find it, and tell them how to use it; never write it into the will itself, because a will becomes a public document after probate. Without the key, the crypto is lost for good. For crypto held on an exchange, list the exchange in your account inventory.
Back up content you own to devices or drives you own
Files on your own devices are much more clearly your property than content held in a Facebook or Google account. Download your photos, documents, and other important content, and keep copies on drives you own.
Consider an enduring power of attorney that covers digital accounts
An Enduring Power of Attorney (EPA) under the Assisted Decision-Making (Capacity) Act 2015 lets you choose someone to make decisions about your property and affairs if you lose capacity in future, which can include managing your online accounts. An EPA made since 26 April 2023 only takes effect once it is registered with the Decision Support Service, and like any power of attorney it ends when you die, at which point your executor takes over. Discuss this with your solicitor.