Digital assets are becoming an increasingly important part of estate planning. From social media accounts and email inboxes to cryptocurrency wallets, many people now hold valuable or sentimental assets online.

Dealing with digital assets after death can be complex. Privacy laws, platform terms, and security systems can make it difficult for executors to access or transfer online accounts.

In this article, Wills & Tax Specialist, Holly Munro explains what happens to online accounts when someone dies, and how you can ensure your executor can manage your digital estate effectively.

Contents

• What a digital asset is and examples
• Managing specific digital accounts
• Transferring digital assets
• Practical steps to protect your digital assets

What is a Digital Asset in a Will?

A digital asset refers to any asset or account that exists in electronic form or is stored online. These assets can have financial, personal or sentimental value. Common examples include:

• Email accounts,
• Photographs,
• Digital music,
• Videos,
• Cryptocurrency,
• Non-Fungible Tokens (NFTs),
• Domain names, and websites,
• Blogs,
• Gaming accounts, and,
• Social media profiles.

Including digital assets in your estate planning and will helps to ensure they are identified, accessed, and dealt with correctly.

What Are Examples of Digital Assets?

Some examples of digital assets include:

• Photos, videos, e‑books, documents
• Cryptocurrencies, NFTs, digital wallets
• Monetised websites, blogs, online shops, code
• Email accounts, social media profiles, gaming accounts, cloud storage

Can Cryptocurrency be left in a will in the UK?

Yes, cryptocurrency can be left in a will in the UK. Crypto assets are generally treated as assets, meaning they can form part of your estate and pass to your beneficiaries.

However, transferring cryptocurrency can be complicated because access to the asset depends entirely on private keys.

Can I Appoint Someone to Handle My Digital Assets After I Die?

Yes, you can appoint someone to handle your digital assets after you die.

Your executor(s) can be authorised to manage your digital assets, such as:

• Photos,
• Emails,
• Social media accounts,
• Loyalty points, or,
• Cryptocurrencies,

Your will must grant them this authority. You should make your wishes as clear as possible so they can administer your digital estate effectively.

Managing specific digital accounts

What Happens to My Digital Assets When I Die?

When you die, your digital assets usually form part of your estate and may pass to your beneficiaries under your will. However, accessing them can sometimes be challenging due to privacy laws, encryption, and platform-specific rules.

For this reason, many people choose to appoint a digital executor in their will. A digital executor is responsible for managing and dealing with online accounts and digital property after death.

Can I Leave My Social Media Accounts in My Will?

You can leave instructions for your social media accounts in your will, and it is a good idea to do so.

You should start by creating a clear and up-to-date list of your digital assets, including all social media accounts. This log should contain the:

• Platform names,
• Usernames associated with them, and
• Details of the devices or email addresses linked to those accounts.

Do not store passwords in plain text, instead, use a secure password manager. Writing passwords down may breach platform terms and conditions and create security risks.

Once you have set out your wishes, your executor can then follow your wishes regarding memorialisation or deletion, subject to each platform’s policies and legal restrictions.

Important: Never include usernames or passwords directly in your will, as your will becomes a public document once probate is granted.

What Happens to My Email Accounts After I Die?

Most email accounts become inactive after a period of non-use and may eventually be deleted. In many cases, email providers will not automatically grant access to family members or executors because of privacy laws and the platform’s terms of service.

If you want your executor to close or manage your email account after your death, you should leave clear instructions and provide secure access information outside your will.

Without prior planning, gaining access can require legal documentation and may still be declined due to privacy policies.

Can I Bequeath My Online Photos and Videos?

Some online platforms claim broad rights over anything you upload. In many cases, you do not actually own the files stored on these services; you only receive a limited licence to use the platform. This means that digital music, e‑books and similar online content cannot usually be passed on because the licence normally ends when you die.

To keep sentimental photos and videos safe, back them up on an external hard drive, cloud storage you control, or by creating physical prints.

Provide your executor (via a secure method) with login information and guidance on how your accounts should be handled.

Can I Include My Digital Subscriptions in My Will?

Generally, no. Digital subscriptions and streaming accounts usually cannot be included in a will because they are typically non-transferable licences rather than assets that you own. Most subscription services state in their terms and conditions that the account is personal to the subscriber and ends on death.

However, you can still leave instructions for managing these accounts. Instead of including them directly in your will, it is usually better to mention them in a letter of wishes. This allows you to ask your executor to cancel subscriptions, download important data, or notify the provider of your death.

Transferring digital assets

What is a Digital Executor?

A digital executor is someone appointed to manage your digital assets after your death.

As this role involves handling sensitive information, they should be trustworthy, comfortable with technology, and able to follow your instructions.

In the UK, a digital executor does not currently have a separate legal status. Instead, they must be authorised through your will, often by being formally appointed as an executor or given authority to deal with digital assets.

How Do I Appoint Someone to Manage My Digital Legacy?

Choose a trusted digital executor, give them authority in your will, provide a letter of wishes with detailed guidance, and enable platform‑specific tools offered by major services so that your chosen person can manage your accounts more easily.

What is a Digital Asset Clause in a Will?

A digital asset clause directs your executor on how to deal with your digital property, whether to access, transfer, archive, or delete it, without listing sensitive login details.

What is the Process for Transferring Digital Assets to Beneficiaries?

Transferring digital assets usually requires:

• Creating a detailed inventory of your assets, including online accounts, cryptocurrency wallets, and digital storage platforms.
• Appoint a trusted digital executor who can manage and administer your digital assets.
• Store login information securely (Not in the will).
• Tailored will clauses addressing digital assets
• Regular updates, especially for high‑value or fast‑changing assets like cryptocurrency.

Planning ahead ensures that your executor can identify and deal with your digital property efficiently, helping your beneficiaries receive the assets you intend them to inherit. You can speak to one of our specialist Wills & Tax lawyers about including digital assets in your will by calling 01202 499255.

Are Digital Assets Subject to Inheritance Tax in the UK?

Yes, digital assets are subject to inheritance tax in the UK.

Cryptocurrencies and NFTs are treated as “property” for inheritance tax purposes and will be valued at their market value at your date of death.

You can read our dedicated article on inheritance tax and how to avoid it here.

What Are the Challenges of Digital Estate Planning?

Some of the challenges of digital estate planning are:

• Strict privacy policies that limit access to accounts, even for executors or family members.
• Conflicting terms and conditions between platforms, which may restrict account transfers.
• Difficulty valuing certain digital assets such as crypto/NFTs.
• Hidden or forgotten accounts, which may never be discovered by executors.
• Secure storage of login credentials, while ensuring they remain accessible when needed.
• Cross‑border legal issues, particularly where companies are based overseas.
• The need for regular updates as your digital assets change over time.
• Risk of irreversible loss, especially if crypto keys or credentials are misplaced.

To mitigate risks our experts say, “Careful planning and clear instructions are vital to reduce these risks and ensure that digital assets are properly managed as part of your estate.”

Practical steps

How Do I Include Digital Assets in My Will?

To include digital assets in your will you should follow these steps:

1. Create an inventory of accounts and assets.
2. Appoint a digital executor in your will.
3. Add a specific digital‑assets clause setting out your wishes.
4. Use a password manager to store access information securely.
5. Create a letter of wishes to give more detailed instructions.
6. Seek legal advice to ensure compliance with the law and platform terms.

You can get in touch with a member of our expert team, to discuss your digital assets by calling 01202 499255 or by filling in the form.                      

Should I Include Passwords in My Will?

No do not include your passwords in your will because wills become public documents, they must never contain passwords or other sensitive data.

How Do I Create a Digital Asset Inventory for My Will?

To create a digital asset inventory, you should follow these steps:

1. List all your accounts and online assets.
2. Decide what should happen to each one.
3. Store access information securely.
4. Update your list annually or after major changes.

How Do I Ensure My Family Can Access My Online Accounts When I Die?

To ensure your family can access your online account when you die, set up legacy tools where available (e.g., Apple Legacy Contact, Facebook Memorialisation Settings), keep a secure list of accounts via a password manager, and empower your executor in your will to manage these items.

How Do I Revoke Access to My Digital Accounts After Death?

Leave clear instructions to your executor, make use of platform settings (such as memorialisation or automatic deletion), and specify your wishes in your will or letter of wishes.

Specialist Wills & Tax Solicitors

It is essential to regularly review your Will.

At Frettens, we would be happy to have a conversation with you to discuss your individual circumstances and assist you in managing your digital assets.

We can also provide advice for all other areas of Wills & Tax law, including advice on how to write your Will, what to include, and more.

Alternatively, you may wish to contest a Will. Find out more here.

Call us on 01202 499255, or fill out the form at the top of this page, for a free initial chat.