Digital Assets in Wills: What You Need to Know
Learn how to include digital assets in wills. Protect sentimental and financial value with expert guidance on managing your online legacy.
Digital Assets in Wills: How to Protect Your Online Legacy
In a world where more of our lives exist online, a will must now account for more than just money, property, and possessions. From social media accounts to cryptocurrency, digital assets are fast becoming a crucial part of estate planning. Failing to plan for them can lead to lost memories, inaccessible funds, or unnecessary confusion for loved ones. This guide explains what digital assets are, why they matter, and how to ensure they are protected in your will.
What are digital assets?
Digital assets are anything you own or control in a digital format. They may hold financial, sentimental, or practical value, and include:
- Online banking and investment accounts
- Cryptocurrencies (e.g. Bitcoin, Ethereum)
- Email and cloud storage accounts
- Social media profiles (e.g. Facebook, Instagram, LinkedIn)
- Digital photos and videos
- Subscription accounts (e.g. Netflix, Spotify, Amazon)
- Domain names and websites
- Online businesses (e.g. Etsy shops, digital content portfolios)
- Gaming accounts or in-app purchases
- NFTs and digital collectibles
Some of these may seem trivial, but to loved ones left behind they can be emotionally or financially significant.
Why digital assets in wills matter
Without clear instructions, your digital assets may:
- Become inaccessible due to passwords or two-factor authentication
- Be deleted due to inactivity or lack of access
- Create legal complications, especially with international platforms
- Cause emotional distress if personal memories are lost
- Be missed entirely, meaning valuable assets are never passed on
Including digital assets in your will helps your executor understand what exists, how to access it, and how you want it handled.
Common issues without digital planning
Loss of sentimental items
Photos, videos, and personal emails stored online may be lost permanently if no one knows they exist or how to access them.
Lost or frozen funds
Cryptocurrencies or PayPal balances without access keys may never be recovered. Digital wallets are often protected by encryption with no recovery options.
Breach of terms of service
Many platforms do not allow account sharing or transfer. Even with a will, executors can face significant roadblocks if the provider’s terms of service prohibit access after death. This is an area of law that is still evolving in the UK.
How to include digital assets in your will
Step 1: Create a digital assets inventory
List all your digital assets in one place. For each, record:
- The platform or service name
- Username and account type
- Nature of the asset (financial, sentimental, subscription, etc.)
- Location (e.g. cloud, device, platform)
- Instructions for handling it (delete, memorialise, transfer)
Security note: do not store passwords or private keys in your will. Once probate is granted, a will becomes a public document, meaning any credentials listed in it would be publicly accessible. Store passwords in a secure password manager and provide access instructions separately to your executor — or to a trusted person stored alongside your will.
Step 2: Choose a digital executor
In the UK, a digital executor is not a legally recognised role, but you can name a trusted person in your will to manage your digital assets. Ideally, they should be comfortable with online accounts and digital security. Depending on the complexity of your digital estate, this may be the same person as your main executor or a separate individual appointed informally.
Step 3: Give clear legal instructions in your will
Your will should include a clause that explicitly gives your executors permission to:
- Access, manage, and delete digital accounts
- Transfer ownership of digital assets where permitted
- Contact online service providers on your behalf
This ensures executors are not inadvertently breaching data protection or privacy laws when acting on your behalf.
Step 4: Use platform-specific tools where available
Several major platforms allow you to set preferences in the event of death. See the platform tools section below for a summary.
Platform-specific death management tools
| Platform | Feature name | What it does |
|---|---|---|
| Inactive Account Manager | Set trusted contacts to receive data or delete your account after a period of inactivity | |
| Memorialisation settings / Legacy Contact | Appoint a legacy contact to manage or memorialise your profile after death | |
| Apple | Digital Legacy | Designate people to access your Apple ID data after you pass away |
| Memorialisation options | Preserve or remove a profile after death — can be requested by a family member |
Using these features complements your legal plans and reduces the burden on your executor to negotiate access with platforms after your death.
FAQs about digital assets and wills
Are digital assets taxed like other assets in the UK?
Yes. Digital assets such as cryptocurrency are subject to inheritance tax in the UK, just like physical assets. Executors must include them in the estate’s total value, assessed at the date of death.
Can I give someone access to my passwords in my will?
This is not advisable. Since wills become public documents after probate, any passwords listed would be publicly accessible. Use a secure password manager and provide access instructions separately to your executor.
What happens if I don’t include digital assets in my will?
Your executors may struggle to find or access them. Accounts may be deleted due to inactivity, funds could remain unclaimed, and sentimental content may be lost permanently. Including digital assets ensures they are handled according to your wishes.
Best practices for managing your digital legacy
Review your inventory regularly — update your digital assets list annually, or whenever you create significant new accounts or acquire new digital assets. Circumstances change quickly online.
Be selective about what to pass on — not all digital assets need to be inherited. Subscriptions are time-limited and often non-transferable. Focus your instructions on assets with genuine financial or sentimental value.
Consider the emotional dimension — digital assets often carry significant emotional weight. Be thoughtful about how you want loved ones to engage with your social media presence, photographs, or personal messages. Clear instructions prevent distress and disagreement.
