Originally published: 6 December 2016 | Last updated: 2 October 2025
TL;DR: Your estate plan needs to include digital assets together with email accounts and social media profiles and cloud storage and cryptocurrency and online banking and subscription services. Your digital presence will continue to exist after your death but your Executor needs proper access rights to handle your online accounts because you failed to establish correct procedures. Create a digital asset inventory through MyLifeLocker at LegalWills.co.uk and store this information securely together with your Will which should contain directions about digital asset management.
What are digital assets?
Digital assets consist of all personal digital content which you possess and maintain control over. The typical person today maintains multiple online accounts which store their financial assets and sentimental items. Common categories include:
Category
Examples
Financial Value?
Financial accountsOnline banking, PayPal, investment platforms, cryptocurrency walletsYes
Social mediaFacebook, Instagram, Twitter/X, LinkedIn, YouTubePotentially
EmailGmail, Outlook, Yahoo Mail, work emailNo (but essential access)
Cloud storageGoogle Drive, Dropbox, iCloud, OneDriveSentimental
Digital mediaiTunes, Kindle, Spotify, NetflixLimited
Online businesseseBay shops, Etsy stores, websites, domains, blogsYes
SubscriptionsStreaming services, software, membershipsOngoing cost
Why do digital assets matter for estate planning?
Digital assets create several problems after death:
Access: Your Executor cannot access password-protected accounts without your credentials or a court order
Financial loss: Cryptocurrency, online business income, and digital investments can be permanently lost if access details are not recorded
Ongoing charges: Subscriptions and memberships continue to bill your accounts until someone cancels them
Identity theft: Unmanaged accounts are vulnerable to hacking and identity fraud
Sentimental value: Family photos, videos, and communications stored in the cloud may be inaccessible to your loved ones
What does the law say about digital assets after death?
The law around digital assets and death is still developing. The United Kingdom lacks any particular laws which deal with digital asset inheritance during estate distribution. The main legal issues include:
Ownership vs licence: Most digital content (music, ebooks, apps) is licensed, not owned. The licences stop working when the license holder dies and people cannot receive these licenses through inheritance.
Terms of service: Each platform has its own policies on death. Facebook provides memorialisation through its services but other platforms tend to shut down accounts when users pass away. The Computer Misuse Act 1990 makes it a criminal offense to gain unauthorized access to someone else’s accounts which persists after they have passed away. Your Executor needs to prove their right to access your accounts through proper documentation.
Data protection: People maintain their GDPR rights but executors cannot take control of these rights although specific rules exist for handling information after death.
How should you include digital assets in your estate plan?
Follow these steps to ensure your digital assets are properly managed:
Create a comprehensive inventory of all digital accounts, including login details. Use a secure service like MyLifeLocker at LegalWills.co.uk.
Include digital asset instructions in your Will: who should manage your digital accounts and what should happen to them.
Appoint a digital executor (this can be your main Executor or someone more tech-savvy) and give them clear instructions.
Use platform-specific tools where available, for example, Google’s Inactive Account Manager or Facebook’s Legacy Contact.
Keep your inventory updated as you create and close accounts.
What is cryptocurrency estate planning?
The process of estate planning becomes difficult because of the special nature which cryptocurrency elements possess. The bank lacks any recovery process which allows your Executor to access funds because it operates differently from standard bank accounts. The loss of private keys to a cryptocurrency wallet leads to permanent asset loss because wallet owners lose access to their funds. Essential steps:
Record wallet addresses and private keys in a secure location
Document which exchanges you use and how to access them
Consider using a hardware wallet with recovery seed phrases stored separately
Include specific cryptocurrency instructions in your Will or LifeLocker
Frequently Asked Questions
Can I leave my iTunes or Kindle library to someone?
Generally no. Users who buy digital content from iTunes and Kindle and Spotify platforms receive licensing rights instead of actual ownership of the content. The licence typically terminates on death. You cannot bequeath digital media in your Will unless the platform’s terms explicitly allow it.
What happens to my social media accounts when I die?
Each platform has different policies. Facebook allows memorialisation or deletion. Google offers an Inactive Account Manager. Twitter/X may deactivate accounts on request from verified family members. Instagram follows Facebook’s policies.
Should I put passwords in my Will?
No. The process of probate makes wills available for public viewing. Instead, store login details in a secure, separate document (like MyLifeLocker) and reference its location in your Will.
Can my Executor legally access my email after I die?
This is legally complex. Your Executor should have documented authority in your Will to access digital accounts. The system needs this information to stop unauthorized users from logging in and to protect your accounts from unauthorized Computer Misuse Act access.
What is a digital executor?
You need to pick someone as your digital executor who will handle your online stuff and digital property after you pass away. The person who handles this task can either be your primary Executor or someone you choose because they understand technology better. Include their appointment and instructions in your Will.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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