Are you a recognized social media influencer or content creator, have you ever thought about what would happen to your profiles and accounts if you pass away without leaving a will? 

Many immigrants in Canada are excelling at creating engaging content for the networks and have built up a large following, sponsors and, of course, money; and while this good work is to be congratulated, it is also important to set aside some time to think about planning your accumulated digital estate, as dying without having left a will that specifies how your digital assets, including your social networks, should be handled can have legal and practical complications. 

This is today's topic for our blog. Read with me to the end and feel free to share this article with other content creators or influencers. Let's get started.

‍

‍

Policies and procedures for handling deceased influencer accounts

‍

Social media platforms generally have policies and procedures in place for handling accounts of deceased users, but these processes can vary depending on the platform and jurisdiction. Below, I explain some scenarios that may occur if the influencer or content creator does not leave a will over their digital assets and management of their social media accounts:

1. Family members or heirs may not have access to and control over the deceased's account.

• Social media platforms often require legal proof of authorization before allowing any access or modification. Without access to the deceased content creator's account credentials, it may be difficult or impossible for family members or heirs to access and manage the account on their behalf. 
• In the absence of clear instructions from the deceased on how to manage his or her account, the platforms may choose to freeze or temporarily disable the account. This is done to protect privacy and prevent unauthorized use of the account by third parties.

‍

2. Friends and family may want to manage and maintain the deceased's account, but there are no valid legal instructions.

• Social media can become a place of remembrance for friends, family and followers of the content creator and they may want to keep the account active as a tribute or preservation of their digital legacy, but this would only happen if it was recorded in a will.
• Each platform has specific policies on how to handle the accounts of deceased users. Some allow family members to request deletion of the account, while others may offer options to convert the account to a memorial or inherit it to a designated contact. What happens to the account and its scope after your death will depend on what is stated in your will.

‍

3. It may happen that the deceased influencer's digital legacy is preserved if he or she planned for legal protection with a will

• If the influencer, in addition to being skilled and persuasive, is forward-thinking, he or she may include specific instructions about the handling of his or her digital accounts in a will or separate estate planning document. This may include details about who should have access to the account and what actions should be taken regarding posted content.

‍

4. You may need legal advice in order to draft a will.

• Consulting with a lawyer who specializes in digital law and estate planning can provide guidance on how to properly protect and manage digital assets, including social media, after death. In Canada, it is necessary to be aware of the different provincial laws on inheritance rights, as each province or territory handles them according to its rule.

‍

Managing the social media of a deceased influencer or content creator without a will can be complex and vary depending on platform policies and local laws. As such, Immiland Law recommends planning ahead for this inevitable step in life and obtaining legal advice to ensure that your wishes about your digital assets are carried out and that they are handled properly and respectfully after your departure. 

Our team of Canadian lawyers and regulated consultants can guide you with the drafting of your will. Write to us if you would like to request a consultation. 

‍

‍

Immiland Law Professional Corporation

‍

We are a full-service, specialized firm for new immigrants to Canada and we are here to accompany you at every stage of your estate planning process. 

If you are concerned about the fate of your social media and other digital assets after your departure, consider speaking with an attorney who is proficient in this area and can ensure that your wishes will be respected. At Immiland Law, we can advise you on drafting your will. Visit our website: https://www.immilandcanada.com/law/inicio with probate services.

I hope this topic will be useful for influencers and content creators and they can protect their assets in a safe and reliable way. Thanks for reading to the end - see you in the next blog!

‍

With love,

‍

Immiland Law