Reading time: 4 mins
When you think about writing a will, you naturally picture physical items. Your home, the family jewellery, or savings accounts. But what about the vast trail of data you leave behind online?
From sentimental family photos saved in the cloud to online bank accounts, cryptocurrency wallets, and business social media pages, our digital footprints are larger than ever. According to data from the Law Society, a staggering 93% of people haven’t included digital assets in their wills, leaving families locked out of precious memories and valuable financial assets during probate.
So, what exactly happens to your online life when you pass away, and how can you protect your digital legacy in the UK?
The Legal Trap: You Don’t Actually ‘Own’ Your Digital Life
Many people assume that if their executors or family members have their passwords, they can simply log in and sort out their online accounts.
Legally, this is a dangerous misconception.
Under the UK’s Computer Misuse Act 1990, logging into someone else’s account—even if you are the grieving next of kin or the appointed executor—can technically be classed as unauthorised access.
Furthermore, when you sign up for services like Apple iCloud, Google, or Spotify, you don’t actually buy the digital music, movies, or cloud space. You are merely purchasing a non-transferable licence to use them. When you die, that licence expires. Without explicit planning, providers have the legal right to permanently delete the account and everything in it.
Financial vs. Sentimental Digital Assets
When mapping out your digital estate planning, it helps to separate your online life into two main categories:
1. Financial Digital Assets
This includes online-only bank accounts (like Monzo or Revolut), investment apps, PayPal balances, and cryptocurrency. If your executors don’t know these accounts exist, the money could sit unclaimed indefinitely. For crypto assets, if the private cryptographic keys are lost, those funds are gone forever—there is no “forgot password” button for a blockchain wallet.
2. Sentimental and Practical Assets
Think of a lifetime of family photos stored on Google Photos, eBooks on a Kindle, or an active e-commerce store or blog that generates income. If an online business account gets locked, a family’s livelihood could be disrupted overnight.
How Big Tech Handles Death (and How to Take Control)
Fortunately, major tech platforms have introduced built-in legacy tools. Setting these up takes less than five minutes but saves your family months of stress.
- Apple Digital Legacy: You can appoint a ‘Legacy Contact’ within your iPhone settings. Upon your passing, Apple will grant them access to your photos, messages, and notes without needing your device passcode.
- Google Inactive Account Manager: This allows you to decide what happens to your Gmail, YouTube, and Drive data if your account goes dark for a set period. You can choose to have it deleted automatically or shared with a trusted person.
- Social Media (Facebook & LinkedIn): Most networks allow family members to either delete the profile or turn it into a ‘Memorialised’ page to celebrate your life.
3 Practical Steps to Protect Your Digital Estate
To make sure your digital legacy is passed on smoothly without causing roadblocks during the probate process, follow these steps:
- Create a Digital Asset Inventory: Make a comprehensive list of all your online accounts, usernames, and email addresses. Never write down your passwords in a physical will, as wills become public documents after probate. Instead, use a secure master password manager or store a printed list safely with your legal professional.
- Use Built-in Legacy Features: Open your smartphone and primary email accounts today to designate your official legacy contacts.
- Write a Digital Will: Work with a specialist estate planner to include a specific “Digital Assets Clause” in your traditional will. This gives your executors clear legal authority to manage, transfer, or close down your digital presence.
Securing Your Complete Legacy
Don’t let a lifetime of memories or hard-earned digital wealth disappear into the cloud. Including your digital footprint in your estate planning is the ultimate act of care for the people you leave behind.
Is Your Digital Legacy Secure?
Leaving your family locked out of accounts can prolong the probate process and risk losing irreplaceable family memories. Speak with our expert estate planning team today. We can help you draft a modern, legally robust Will that covers both your physical and digital world. Book a free initial consultation today!
Related Services
LPAs
Contact the specialist team at Jermyn Taylor today to set up your Lasting Power of Attorney with ease and professional oversight.
Wills & Will Writing
Having a valid will ensures that your estate is distributed according to your wishes and yet, a significant majority of the British public do not have one in place.
No responses yet