Digital assets—ranging from social media profiles and cryptocurrency to online banking and treasured digital photos—are now a significant part of many estates. Yet, without proper planning, these assets can be lost forever after you pass away, leaving both sentimental and financial value inaccessible to your loved ones. The law in England and Wales is still catching up with the digital world, so it’s vital to take proactive steps to ensure your online legacy is protected.

What are Digital Assets?

Digital assets cover a broad spectrum of online property. This includes social media accounts (Facebook, Instagram, Twitter, LinkedIn), financial accounts (online banking, PayPal, cryptocurrency wallets), digital media (photos, videos, music, e-books), domain names, online businesses, and even loyalty points such as air miles or store rewards. Some assets, like cryptocurrency, can have significant financial value, while others, such as family photos, are irreplaceable for sentimental reasons.

Legal Challenges

Managing digital assets after death is not always straightforward. Many online platforms prohibit account transfer or sharing of login details under their terms of service, which can leave executors and families locked out. Passwords, two-factor authentication, and encryption can make access difficult or impossible. Ownership rights over digital content are often unclear—purchasing a digital book or song usually means you have a licence to use it, not true ownership. Valuing digital assets for probate can also be challenging, especially for volatile assets like cryptocurrency or unique items such as domain names.

Planning Strategies

To avoid complications, start by creating a comprehensive inventory of all your digital accounts and assets. This should include account names, URLs, and a description of what each asset is. Store passwords and access details securely—never in your will itself, as wills become public documents after probate. Instead, use a password manager or a secure, encrypted document, and let your executor know how to access it.

Your will should include specific provisions for digital assets. Clearly state who should inherit or manage each asset, and consider appointing a digital executor—someone tech-savvy who can handle the practicalities of your digital estate. It’s also important to familiarise yourself with each platform’s policies on death and account management, as these can vary widely.

Practical Steps

• List all digital accounts and assets in a detailed inventory.

• Store access details securely, using a password manager or other safe method.

• Appoint a digital executor who understands technology and your wishes.

• Update your inventory regularly as your digital footprint changes.

• Review the terms of service for each platform to understand any limitations or options for legacy management.

Platform-Specific Planning

Some platforms now offer tools for managing digital legacies. For example, Facebook allows you to choose between memorialisation or deletion of your account, and you can appoint a legacy contact. Google’s Inactive Account Manager lets you decide what happens to your data if your account becomes inactive. Apple’s Legacy Contact feature allows you to nominate someone to access your Apple account after your death. For cryptocurrency, secure storage of private keys is essential—without them, the assets are lost forever.

Legal Documentation

Include clear clauses for digital assets in your will, specifying who should inherit or manage each asset. For particularly valuable or complex digital assets, trust planning may be appropriate. You may also wish to grant power of attorney for digital asset management if you lose capacity during your lifetime.

Common Pitfalls and How to Avoid Them

• Failing to keep your inventory up to date as you open new accounts or change passwords.

• Not checking the terms of service for each platform—some accounts cannot be transferred or accessed by anyone else, even with a will.

• Overlooking digital assets with financial value, such as cryptocurrency or online businesses.

• Not telling your executor how to access your inventory or password manager.

Final Thoughts

Digital estate planning is now an essential part of modern life. Taking these steps ensures your online legacy is protected and accessible to those you care about, preventing loss of valuable or sentimental assets and making life easier for your loved ones at a difficult time.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.