What Happens to My Digital Assets When I Die and How Can I Protect Them?

As more of our personal, financial and professional lives move online, most of us are building a growing collection of digital assets. These may hold significant emotional or financial value, yet many people have no plan for what will happen to them after death.

Understanding how digital property is treated under UK law is now an essential part of estate planning. It ensures your executors can manage your online life just as effectively as your physical possessions.

What Are Digital Assets?

Digital assets are any form of personal or financial property that exists in digital form. They commonly include:

Sentimental digital assets

· Photos and videos

· Emails

· Cloud storage accounts

· Social media profiles

Commercial digital assets

· Websites and domain names

· Online business accounts

· Software

· Monetised social media platforms

Financial digital assets

· Cryptocurrency and NFTs

· PayPal and digital wallet balances

· Online bank accounts

Just like physical property, these assets form part of your estate. However, your executors can only manage them if they know they exist and understand how to access them. This is why digital estate planning should sit alongside traditional Will making.

The Ownership Myth: You May Not Own What You Think You Do

Many people assume that digital films, music, eBooks or apps they “buy” online are owned outright. In reality, most digital platforms, such as iTunes, Netflix, Amazon Video and Spotify, operate on the basis of non-transferable licences.

This means you are granted permission to access the content, but you do not own it as property. In most cases, the licence ends on your death and cannot be passed on to family members.

For example, iTunes explicitly states that its licence terminates when the account holder dies. Your digital playlists, film library or eBook collection therefore cannot be inherited.

If you want certain media to survive you, a physical copy or downloadable file you genuinely own may be the only solution.

Which Digital Assets Can Be Inherited?

Although licensed media cannot be passed on, many digital assets can be inherited:

· Photos, videos, documents and personal files – these are owned by you and can be transferred.

· Emails – access depends on individual provider policies; some allow executors access while others do not.

· Cryptocurrency and NFTs – these are classed as owned property under UK law and can always be inherited, provided executors have the private keys or recovery information.

· Domain names and websites – these are usually transferrable assets and can be included in your estate.

· Digital wallet balances (such as PayPal) – funds can be accessed by executors and passed to beneficiaries.

The largest category of digital assets that cannot be inherited is licensed digital media including films, music, eBooks, and apps.

Protecting Your Digital Assets: What You Should Do

1. Refer to digital assets in your Will

Your Will should outline which digital assets you own and who you want to inherit them. This ensures your executors are aware of what exists and how you wish them to be handled.

2. Do not include passwords in your Will

A Will becomes a public document during probate, so it must never contain login details, passwords, recovery keys or PINs. Instead, store these securely and separately.

3. Keep a secure record of access information

Executors often need device passcodes, usernames or crypto recovery keys. Consider using:

· a password manager

· encrypted digital storage

· written instructions stored in a secure place

4. Use online legacy tools

Apple and Google now offer Legacy Contact features that allow a trusted person to access certain categories of your data (such as photos, notes and messages) after your death. However, purchased media and payment information remain excluded.

5. Leave instructions regarding your email accounts

Emails may contain sensitive information. If you prefer your accounts to be deleted after your death, make this clear in your digital estate plan while also ensuring any important correspondence is preserved elsewhere.

Key Takeaways

· Digital assets form part of your estate and should be mentioned in your Will.

· Executors need to know these assets exist and how to access them.

· Most digital “purchases” are not owned: they are licences that end on death.

· Use secure storage, password managers and platform legacy features to organise access.

Need Help Protecting Your Digital Assets?

Digital estate planning is now an essential part of modern Will writing. To ensure your online life is properly protected and to provide clarity and support for your executors, we can assist you in:

· updating your Will

· planning for digital assets

· safeguarding cryptocurrency and online accounts; and

· creating a clear and secure digital estate plan.

Contact us today on 01992 422128 to arrange a consultation and secure your digital legacy with confidence.