Protecting your on-line memories.

Digital Assets, Online Accounts and Your Will

Many people now keep important memories, documents and financial information online. Family photographs, videos, emails, social media accounts, cloud storage, online banking, cryptocurrency, loyalty points, domain names and digital subscriptions can all form part of a person's digital life.

When someone dies, their family may need access to some of these accounts, but access is not always straightforward. Passwords, two-factor authentication, platform terms and privacy rules can make digital assets difficult to find, manage or preserve.

What Are Digital Assets?

Digital assets can include anything held or accessed electronically. This may include photographs, videos, music, emails, social media accounts, blogs, websites, online businesses, cryptocurrency, NFTs, online gaming accounts, cloud storage, payment accounts, reward points and digital documents.

Some digital assets have financial value. Others have sentimental value, such as family photographs or messages. Some accounts may need to be closed for security reasons, while others may need to be preserved for family members.

Who Owns Digital Photos and Online Content?

Ownership and access are not always the same thing. A person may own the copyright in photographs they took, but the social media platform may control access to the account where the photos are stored. Platform terms and conditions may restrict what family members or executors can do after death.

This is why saving important photographs only inside a social media account can create problems. Families may find that they cannot log in, download material or manage the account unless the deceased person made arrangements in advance.

Social Media Accounts After Death

Different platforms have different rules. Some allow accounts to be memorialised. Others allow deletion on request by a close family member or authorised representative. Some provide limited access to nominated contacts, while others will not release login details even after death.

Facebook allows users to choose a legacy contact to look after a memorialised profile or to request that the account be permanently deleted after death. Other platforms may have separate procedures for memorialisation, deactivation or data requests.

Apple, Google and Other Account Tools

Some major technology providers allow users to plan. Google's Inactive Account Manager lets users decide what happens when their account becomes inactive and allows selected people to receive specific account data. Apple's Digital Legacy process allows a nominated legacy contact to request access to certain account data after death.

These tools can be useful, but they must usually be set up before death. Families may face a much more difficult process if no legacy contact, access key or inactive account setting has been arranged.

Passwords and Security

It is usually unwise to put passwords directly into a will because a will may become a public document after probate. Passwords also change regularly, meaning they may quickly become out of date.

A safer approach may be to keep an up-to-date digital asset inventory and store passwords securely, for example, through a reputable password manager or secure document storage system. The will can then explain where information is stored and who should handle digital assets, without listing sensitive passwords in the will itself.

Digital Executors

Some people choose to appoint a trusted person to handle digital assets after death. This person may be called a digital executor, although the legal status of that role should be addressed carefully in the broader estate planning documents.

The person chosen should be organised, trustworthy, and able to handle technology. They may need to help locate accounts, preserve photographs, close subscriptions, manage online memorial pages, secure devices and provide information to the main executors.

What Should Be Included in a Digital Asset Plan?

A digital asset plan may include a list of important accounts, devices, cloud storage, email addresses, social media profiles, domain names, online businesses, cryptocurrency wallets, subscriptions, payment accounts and digital storage locations.

It should also record what the person wants to happen. For example, they may want family photographs downloaded, social media accounts memorialised, certain accounts deleted, business accounts transferred, or cryptocurrency access preserved for beneficiaries.

Items to Consider

Useful items to list include email accounts, mobile phones, laptops, tablets, password managers, cloud storage, photo libraries, social media accounts, websites, online shops, PayPal or payment accounts, cryptocurrency wallets, domain names, online banking access and digital subscriptions.

The list should be kept secure and updated regularly. Out-of-date information may be of little practical use to executors.

Cryptocurrency and Valuable Digital Assets

Cryptocurrency and other digital assets can be permanently lost if private keys, seed phrases, or access details are not securely stored. Unlike a bank account, there may be no central provider able to restore access after death.

Anyone holding cryptocurrency, NFTs, online business assets, valuable domain names or monetised digital accounts should take specialist advice. Poor planning can lead to loss, theft, tax problems or disputes between beneficiaries.

Online Banking and Financial Accounts

Executors should not assume that having a password gives them legal authority to operate an account. Banks, investment platforms and pension providers have formal bereavement and probate procedures.

After death, executors usually need to notify financial institutions and provide appropriate documents. Using the deceased person's login details after death without authority may create legal and practical problems.

Photographs, Memories and Family Access

For many families, digital photographs and videos are among the most important assets. These should be backed up in more than one place and not left only on a phone, social media account or cloud account that may become inaccessible.

People should consider whether family members know where important photos are stored, how they can be accessed, and whether copies should be kept on an external drive, a shared family archive, or a secure cloud service.

Wills and Estate Planning

A will should address the person's estate and may include wishes regarding digital assets. It may also authorise executors to deal with digital accounts, subject to platform rules and applicable law.

Digital wishes should be coordinated with the will, lasting powers of attorney, business succession plans and any platform-specific tools. This is especially important for people with online businesses, valuable digital assets, large photo archives or private material they want handled sensitively.

Privacy After Death

Digital assets can include private messages, photographs, medical information, financial records and material involving other people. Not everything should necessarily be shared with family members.

A digital asset plan can help clarify which accounts should be preserved, which should be deleted, and who should have access. This can reduce distress, disputes and accidental disclosure of private information.

When Legal Advice May Be Needed

Legal advice may be needed when making a will, updating an estate plan, dealing with digital assets after death, managing cryptocurrency, handling online business accounts, or resolving disputes between family members about access to photos, accounts or online content.

A solicitor can advise on wills, executors, estate administration, digital asset clauses, trusts, probate, inheritance tax, business succession and how to record digital wishes safely.

Current Position

Digital assets are now an important part of estate planning. Family photos, social media accounts, cloud storage, cryptocurrency and online business assets can all create problems if no arrangements are made before death.

The safest approach is to make a valid will, keep a secure digital asset inventory, use platform legacy tools where available, and tell trusted people where important information is stored, without including sensitive passwords directly in the will.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Wills, probate, digital assets and platform rules can change, and how the law applies will depend on the facts of each case.

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