In today’s world, our lives are increasingly lived online. From email accounts and social media profiles to online banking, cloud storage, digital photos and even cryptoassets, our digital footprint is growing larger and more complex every year. These assets can hold significant financial value, but they can also carry deep personal meaning. Despite this, many people overlook their digital presence when planning for the future. Without clear arrangements in place, families and executors can face real challenges when trying to access, manage or close these accounts after someone dies.

What Counts as a Digital Asset?

Digital assets cover a wide range of electronic information stored on devices, servers or online platforms. They can be broadly grouped into several categories:

• Email accounts and cloud storage which may contain important documents, personal messages or sensitive information.
• Social media profiles including Facebook, Instagram, LinkedIn, X and others, which often hold years of memories, photos and personal history.
• Online banking, investment and shopping accounts many of which contain financial information or stored payment methods.
• Digital media libraries such as music, films, apps and e‑books.
• Photos and videos stored on phones, laptops or cloud services.
• Cryptoassets including cryptocurrencies and NFTs, which can be highly valuable but are often difficult to access without the correct credentials.

As technology evolves, new types of digital assets continue to emerge. This makes it essential to review your estate planning regularly to ensure everything is up to date.

Why Digital Assets Matter in Estate Planning

Unlike physical property, which can be locked away, digital assets are protected by passwords, encryption and multi-factor authentication. Without prior planning, executors or family members may be unable to access them.

This can lead to several problems:

• Loss of sentimental items such as family photographs or personal messages.
• Loss of financial value particularly where cryptoassets or online investment accounts are involved.
• Difficulty closing accounts which can leave personal data online indefinitely.
• Inability to manage subscriptions, automatic payments or stored financial information.

In some cases, families may not even know certain accounts exist, meaning assets can remain undiscovered and inaccessible.

Recording and Managing Your Wishes

To make things easier for your executors and loved ones, it is wise to take proactive steps during your lifetime. These may include:

• Creating an inventory of digital assets, listing accounts, login details and access methods. This should be stored securely and updated regularly.
• Nominating  a trusted person to manage your digital estate, sometimes called a ‘digital executor’.
• Setting out clear intentions such as whether you want accounts closed, transferred or memorialised.
• Addressing cryptoassets specifically, ensuring private keys and wallet details are stored safely and passed on appropriately.

These instructions can be included in your will and, for lifetime incapacity only, in a Lasting Power of Attorney (LPA). An LPA ends on death, afterwards your executors act. Even with these documents, some providers may still restrict access, so it is sensible to familiarise yourself with their bereavement processes.

Access Challenges and Jurisdictional Issues

Even with careful planning, practical challenges can arise. Many online platforms are global, meaning different legal systems may apply depending on where the data is stored. However, if your nominated person has the correct credentials, they can usually act in accordance with your wishes. Executors should follow each platform’s formal process, providing proof of authority such as a Grant of Probate or Letters of Administration.

How Online Platforms Respond

Different providers take different approaches to managing accounts after death:

• Facebook and Instagram allow accounts to be ‘memorialised’, preserving content while preventing new activity. Facebook also lets users appoint a legacy     contact.
• LinkedIn, X and Snapchat do not offer memorialisation, but accounts can usually be closed upon request.
• Google, including YouTube, offers an ‘Inactive Account Manager’ tool, allowing users to decide who can access their accounts after a period of inactivity.

These options highlight the importance of taking action in your lifetime to establish preferences.

Planning Your Digital Legacy

Planning ahead for your digital assets ensures that your online presence and valuable data are managed according to your wishes. Just as with physical property or financial accounts, clear instructions can prevent confusion, disputes or unnecessary loss. Digital estate planning is becoming an essential part of modern life, and taking the time to organise your online footprint can make a significant difference to those you leave behind.

Why Use a Solicitor for Wills and LPAs?

While it is possible to draft a will or LPA yourself, using a solicitor offers several important advantages:

• Accuracy and legal validity: A solicitor ensures your documents are correctly drafted, signed and witnessed, reducing the risk of errors that could make them invalid.
• Tailored advice: Every person’s circumstances are different. A solicitor can help you structure your will or LPA in a way that reflects your wishes and protects your loved ones.
• Clarity around digital assets: Solicitors understand how to incorporate digital assets into your estate planning, ensuring nothing is overlooked.
• Avoiding disputes: Clear, professionally drafted documents reduce the risk of misunderstandings or disagreements among family members.
• Security and peace of mind: You can be confident that your wishes are properly recorded and legally enforceable.
• Support for executors and attorneys: Solicitors can guide your chosen representatives, helping them carry out their responsibilities smoothly.

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‍‍‍The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.