When someone dies, their phone number is the key to their WhatsApp. How families in the UK and Ireland close the account, keep the chats and protect the number.
8 min read
For many families, the WhatsApp group is where life happens: the photos of a new baby, the arrangements for Sunday lunch, the message that someone is in hospital. When someone in that group dies, their name stays there, between the last birthday wishes and the first condolences. Weeks later, their number may suddenly show a stranger's photo. Grief is hard enough without this, so here is a clear account of what can be done with their WhatsApp, their messages and their number, at whatever pace the family needs.
WhatsApp has no procedure for users who have died. It offers no memorial profile and no form for relatives. The account can be deleted from the person's own phone, if someone can unlock it. If nothing is done, WhatsApp deletes it after about 120 days without a connection. Until then, the account lingers like a digital ghost, held in place by unfinished business: a passcode nobody knows, a phone contract nobody has dealt with, a backup in a cloud account nobody can open.
Registering a death in the UK sets a lot in motion. In England, Scotland and Wales, Tell Us Once passes the news to HMRC, the DWP, the Passport Office, the DVLA and the local council in a single step. It does not reach private companies. Banks, insurers and utilities have to be contacted one by one, and phone providers and tech platforms fall on the family in the same way. Tell Us Once is not available in Northern Ireland, and Ireland has no equivalent.
WhatsApp is the hardest of these, for two reasons. It has no bereavement team to write to. And, as explained further down, UK and Irish law give executors no data rights to fall back on. In practice, what the family can do depends on two practical things: having the phone, and having the line.
WhatsApp is tied to the phone number. Logging in on any phone takes a code sent by text to that number, so whoever holds the SIM holds the key. With it, the account can be closed calmly even if the phone itself is locked.
That is why the phone contract should wait. In the UK, Ofcom's switching rules keep a number portable to another provider for a month after the contract ends. In Ireland, EU telecoms law guarantees at least one month for the same purpose. After that, the provider can give the number to someone else, and no rule says when.
If a stranger is given that number and installs WhatsApp, they appear on friends' phones under the name saved in their contacts. They can even land inside the family group.
WhatsApp knows this happens. Its help centre tells anyone given a recycled number to leave every group tied to it and block contacts they do not recognise. Deleting the account is the only step that removes the person from all their groups at once. So the safe sequence is the account first, then any banking apps that send codes to that number, and the line last. Ask the provider whether a family member can take over the line before anyone cancels it.
What the family can do depends on what it has in hand.
The family group often needs looking after too, and anyone in it can help.
Whoever wants to keep their conversation with the person can use «Export chat» in the chat's menu. It saves the messages, and optionally the photos and voice notes, to a file that can live somewhere safer than a phone. After that, deleting the chat avoids the jolt of seeing their name next to a stranger's photo one day, and the risk of messaging a stranger by mistake.
Group admins can remove the person from the group, with one exception: WhatsApp does not let anyone remove the person who created it. If they set up the family group, only deleting their account takes them out. And if their number ever comes back to life with a new photo, or sends a message, it belongs to someone else now. Nobody should reply with anything personal, and the number should be blocked.
Families sometimes assume a solicitor's letter or a court order will make WhatsApp hand over the messages. It cannot, because it does not have them. Messages are end-to-end encrypted, readable only on the phones that send and receive them, and WhatsApp deletes them from its servers once delivered. The conversations exist in two places only: on the phone itself, until someone uninstalls the app, and in a backup, if the person made one, on Google Drive for Android or iCloud for iPhone.
A backup can only be restored with the same number, the same Google or Apple account and, if it was encrypted, its password or 64-digit key, which WhatsApp cannot reset. Access to the Apple or Google account follows those companies' own rules. Apple gives a Legacy Contact chosen in life access to iCloud data, including backups. Google relies on Inactive Account Manager, set up in life, and otherwise provides content only in specific cases, never passwords.
Very little, as far as data goes. UK data protection law only protects living people, and the ICO, now the Information Commission, treats a dead person's information as outside the UK GDPR. In Ireland, the Data Protection Commission states that the GDPR does not apply to people who have died. A company may share data with relatives out of goodwill, but no regulator can require it. The executor named in the will, or the administrator where there is none, deals with the estate under the general law and with each platform on that platform's terms.
Several EU countries have gone further, using the room the GDPR leaves to each Member State on the data of the dead:
Where the person lived in one of those countries, the family may have rights it would not have at home.
A flat in Spain, a house in France, a bank account in Portugal: many British and Irish estates cross a border. Neither the UK nor Ireland takes part in the EU Succession Regulation, but EU countries apply it to every estate they handle, British and Irish ones included. By default, the law of the country where the person habitually lived governs the whole estate. A will can choose the law of the person's nationality instead, which is why many Britons and Irish people with homes elsewhere in the EU make a local will with that choice.
The documents travel differently. A UK death certificate, will or grant of probate (confirmation in Scotland) needs an apostille and an official translation before an EU notary, registry or bank will act on it. Irish certificates have it easier: EU rules exempt public documents such as death certificates from the apostille between Member States, and a multilingual form can replace the translation.
How these pieces fit together is different in every estate. A Virtual Consultation is where to work that out for one in particular. For assets in Spain, our guide to whether a lawyer in Spain is worth paying for helps decide whether one is needed at all.
Most of this can be spared with a little self-custody: keeping digital keys safe and making sure one trusted person can reach them.
Without self-custody and without a digital legacy, the digital ghost lingers. With them, a family can say goodbye to this part of someone too.
No. Tell Us Once informs government bodies such as HMRC, the DWP and the DVLA. Private companies, including phone providers, WhatsApp and social media platforms, have to be dealt with by the family or the executor directly. It is also unavailable in Northern Ireland.
Only if the messages can be reached on the phone or in a backup the executor can open. WhatsApp itself does not hold them, so a grant of probate or a court order makes no difference there. UK and Irish data protection law give executors no specific right over the data of a person who has died.
It can happen once the contract ends and the month for moving the number has passed, because providers reissue numbers. If the WhatsApp account was never deleted, the new holder can even appear in the old groups. Deleting the account first, and transferring the line to a family member, prevents it.
It is safer to keep them separate. Once probate is granted, a will in England and Wales or in Ireland can be obtained by anyone who orders a copy. A password manager with emergency access, or a sealed letter kept apart from the will, does the same job privately.
Usually 120 days without an internet connection, counted from when the phone last connected. A phone left on and online keeps the account active. After a manual deletion, WhatsApp can take up to 90 days to erase it from its systems.
This article was prepared with the help of artificial intelligence. The lawyer who signs it has checked every fact and answers for its content.
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