When we think about inheritance, we often picture property, savings, and family heirlooms. But in today’s digital world, many of us also own a growing number of digital assets. From online bank accounts and cryptocurrency to social media profiles, cloud storage, and even digital photo albums.

Yet surprisingly few people consider what happens to these digital assets after death. Can your loved ones access them? Should they? And how can you ensure they’re passed on, or protected in the right way?

What are digital assets?

In simple terms, digital assets include anything of value stored digitally. This could be:

• Online bank and PayPal accounts

• Cryptocurrency (e.g. Bitcoin, Ethereum) and wallets

• Email accounts and cloud storage (Google Drive, iCloud, Dropbox)

• Social media profiles (Facebook, Instagram, LinkedIn)

• Digital photo or video collections

• Online businesses (Etsy, YouTube channels, domain names)

• Loyalty points or in-app purchases

Some have financial value, while others are sentimental or hold personal data.

What does the law say in the UK?

In the UK, there is currently no single legal framework governing digital assets after death. As a result, dealing with them can be complex.

• Ownership & access: Technically, you don’t always own the content in your digital accounts. Often, you’re granted a licence to use the platform. When you die, that licence usually ends.

• Terms of service: Many platforms have terms that restrict access by anyone other than the account holder, even after death. This can lead to difficulties for executors and family members trying to retrieve photos, messages, or funds.

• Privacy laws: Accessing someone’s digital accounts without permission (even after their death) can breach the Computer Misuse Act 1990 and data protection laws. Executors must tread very carefully.

Why digital assets should be included in your will

Although there’s no specific legal category for “digital assets” in UK probate law, your Will can and should refer to them. Here’s why:

• It helps your executors know what exists and where to find it

• It gives clear instructions on what you want to happen

• It can help avoid legal grey areas and disputes

• It provides a mechanism for dealing with assets that may have financial value.

You can also leave a separate document (not part of your Will) that includes login details, passwords, and guidance on how to access devices and accounts. Just remember, this information should never be written directly into your Will for security reasons, as Wills become public after probate.

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Steps you can take today

1. Make a list of your digital assets. Include email, banking apps, social media, and subscriptions.

2. Use a password manager to store login details securely and give access to a trusted person after death.

4. Update your Will to include a digital assets clause and instructions on how you’d like your digital assets to be handled.

5. Review platform policies for key accounts like Facebook (e.g. memorialisation settings) or Google (Inactive Account Manager).

Final thoughts

Digital assets are easy to overlook, but they’re increasingly important in estate planning. Whether it’s safeguarding sentimental items like photos, or making sure cryptocurrency isn’t lost forever, planning ahead can make things far easier for your loved ones.

If you’d like to review your Will, or you’re unsure how to include digital assets, we’re here to help.

For trusted advice on wills, estate planning, and digital assets, contact our Private Client team today on 01245 228125 or email privateclientenq@gepp.co.uk.