We live much of our lives online — from banking and shopping to storing photos and running businesses. But while we’ve embraced the digital world, most people haven’t considered what happens to their digital assets when they die.
What becomes of your email accounts, social media profiles, online bank accounts, or even cryptocurrency? Can your family access your cloud storage or shut down a subscription? Who has the right to manage or delete your data?
The answer lies in planning. Incorporating digital assets into your will to ensure they’re properly managed, passed on, or closed down according to your wishes.
This article explores what digital assets are, why they matter in estate planning, and how you can legally and securely include them in your will.
What are digital assets?
Digital assets are any online records, accounts, or content you own or control. They may have financial, sentimental, or functional value.
Here are some common examples:
Financial or transactional:
- Online bank accounts
- PayPal, Revolut, Monzo, or Wise accounts
- Cryptocurrency wallets (Bitcoin, Ethereum, etc.)
- Investment platforms
- eCommerce stores (Etsy, eBay, Amazon Seller).
Personal and sentimental:
- Photos and videos stored in the cloud (Google Photos, iCloud, Dropbox)
- Social media accounts (Facebook, Instagram, Twitter/X)
- Email accounts
- Digital music or film libraries (iTunes, Spotify playlists, Kindle books).
Professional or business:
- Domain names and hosting accounts
- Website content
- Online courses or intellectual property
- Freelance accounts (Upwork, Fiverr)
- YouTube channels or monetised social platforms.
Some assets may carry monetary value, while others have emotional significance. In either case, they form part of your digital legacy — and deserve careful handling.
Why digital assets need to be part of your will
Many people include property, savings, and personal possessions in their wills but completely overlook digital assets.
This creates major problems after death:
- Family members can’t access accounts
- Valuable assets may be lost forever.
- Unused subscriptions keep charging your bank account.
- Photos, documents or messages are permanently deleted.
- Digital fraud risk increases due to inactive profiles.
Adding your digital assets to your estate plan means your loved ones know what exists, where to find it, and what to do with it, saving them frustration, legal obstacles, and financial loss.
What happens if you don’t include digital assets in your will?
If you die without mentioning your digital estate, it becomes very difficult — sometimes impossible — for others to access or control it.
Even close family members often face:
- Strict privacy policies preventing access to accounts
- Platforms requiring court orders or death certificates
- Cryptocurrencies that are lost forever without passkeys
- Difficulty cancelling subscriptions or transferring domain ownership
- Prolonged delays and legal costs.
In many cases, your digital presence may linger indefinitely, with active accounts, email addresses, and data floating around without context or control.
Do digital assets automatically pass to your beneficiaries?
Not always.
Traditional property like a car or a bank account typically forms part of your estate and can be inherited. But ownership of digital accounts is not often clear-cut.
For example:
- Your iTunes or Kindle library is usually licensed, not owned — meaning it can’t be passed on.
- Depending on platform policy, some social media accounts may be deactivated, memorialised, or deleted.
- Cryptocurrencies are untraceable and unrecoverable without private keys.
Because of this, your will must be specific about your digital assets, how you want them handled, and who should manage them.
How to include digital assets in your will
To protect your digital legacy, you should take the following steps:
Step 1: Make a Digital Asset Inventory
Create a detailed list of your digital assets, including:
- Account names and platforms
- What the asset is used for (personal, business, financial, etc.)
- Whether it holds value (monetary or sentimental)
- Whether anyone else has access
- Instructions for what should happen after your death.
Don’t put passwords directly in your will — wills become public documents after probate.
Instead, store your passwords separately in a secure digital password manager (like LastPass or 1Password) or encrypted document, and reference its location in your will.
Step 2: Appoint a digital executor
Just as you name an executor to handle your physical estate, you should consider appointing a digital executor — someone you trust to manage your online accounts.
They can:
- Close or memorialise accounts
- Transfer data to beneficiaries
- Download important information
- Cancel subscriptions
- Access business accounts or websites.
Some people choose the same person as their main executor, while others prefer someone more tech-savvy for this specific role.
Your will should clearly state:
“I appoint [Name] as my digital executor to manage my digital assets and online accounts in accordance with my instructions.”
Step 3: Give clear legal authority
Instruct your solicitor to include explicit authority for your digital executor to access, manage, and transfer digital accounts.
This protects them from breaching privacy or data laws like the Computer Misuse Act 1990 or GDPR.
Step 4: Provide instructions for each type of digital asset
Decide what you want to happen to each digital asset:
- Should your email account be closed?
- Do you want your Facebook page memorialised?
- Should your cryptocurrency be divided among beneficiaries?
- Should family photos in the cloud be downloaded or shared?
These instructions can be included in a separate letter of wishes, which isn’t legally binding but gives helpful guidance to your executor.
What do different platforms allow?
Each online service has its own policy about what happens when a user dies. Some examples:
Allows accounts to be memorialised or deleted. You can appoint a Legacy Contact to manage a memorialised profile.
The Inactive Account Manager lets you decide what happens to Gmail, Google Drive, YouTube and more if your account is inactive for a set time.
Apple (iCloud)
Apple now supports a Digital Legacy contact, allowing access to photos, notes, and iCloud data after your death.
PayPal
Will release funds to your estate with proper documentation.
Cryptocurrency
Platforms don’t hold your crypto — you do. Without the private key, it’s gone forever. Always store keys securely and leave access instructions.
It’s essential to review each service’s terms and set up legacy access where possible.
Privacy, Security, and Legal Concerns
When planning for your digital estate, keep the following in mind:
- Use encrypted storage for access instructions
- Don’t share sensitive data via unsecured channels.
- Keep your digital inventory and passwords up to date.
- Avoid including passwords directly in your will.
- Only appoint trusted individuals to handle your accounts.
A solicitor experienced in wills and digital assets can help you strike the right balance between privacy, legality, and practicality.
Digital estate planning is not just for the tech-savvy
Even if you don’t run a business or own cryptocurrency, your digital life still matters. Photos, family videos, personal emails, and even old social accounts can hold deep meaning for those you leave behind.
Digital assets are an increasingly important part of modern life — and death. Including them in your will ensures your loved ones aren’t left in the dark, dealing with closed doors, lost memories, or unrecoverable funds.
With the help of a solicitor, you can protect your online presence, give your executors the tools they need, and leave a digital legacy that reflects your life.
Need help managing digital assets in your will?
Experienced will solicitors in the UK can help you incorporate your digital assets into a legally binding will that gives you full peace of mind. Whether you’re updating an existing will or starting from scratch, a good solicitor will guide you every step of the way.
Read more:
Digital assets and wills: what happens to your online accounts when you die?