Digital assets after death: what happens and how to plan

We live so much of our lives online, storing thousands of photos in the cloud, running our finances through banking apps, and sharing memories on social media. But have you ever stopped to think what happens to all of that when you die?

Planning ahead for your digital life can be just as important as writing a will. Without it, loved ones can be left struggling to access accounts or lose digital memories forever.

What counts as a digital asset?

Digital assets aren’t just about cryptocurrency (although that matters too). They can include:

• Photos and videos stored on your phone, cloud services, or social media.
   
• Social media accounts such as Facebook, Instagram, TikTok, or X (Twitter).
   
• Emails and messages.
   
• Subscriptions and purchases such as Netflix, Kindle e-books, Spotify (often licensed, not owned).
   
• Online banking and PayPal.
   
• Cryptocurrency or NFTs.
   
• Devices including smartphones, laptops, and external hard drives.

The important thing to know is that not everything can be passed on. For example, many digital downloads (e-books, music, films) are licensed to you personally. That licence usually ends when you do.

The legal position in England & Wales

At present, there is no legislation in England & Wales dealing with digital assets after death. Instead, what happens to your online life is dictated by the terms and conditions of the companies that run the platforms.

Some examples include:

• Social media: Facebook allows you to appoint a legacy contact or choose to have your account memorialised. Without this, family members may have no right to manage your profile.
   
• Google: Through the Inactive Account Manager, you can nominate someone to be notified if your account becomes dormant. They can then download data or close the account.
   
• Apple/iCloud: Apple’s Digital Legacy feature allows you to name people who can access your data after you die. Without this, photos and documents may be locked away indefinitely.
   
• Cryptocurrency and NFTs: These assets sit outside traditional banking systems. If private keys or login details aren’t shared securely, the investments are effectively lost forever.

The reality is that without clear instructions, families are often left in the dark. Even with a Grant of Probate, executors may find themselves unable to access accounts because providers will not release data without the right permissions in place.

The legislation in this area is evolving, with the Digital Devices (Access for Next of Kin) Bill and the Property (Digital Assets etc) Bill currently under consideration. For now, your best protection is to plan ahead using the tools available.

Common myths

Despite how common these assumptions are, they often leave families exposed to unnecessary stress and permanent loss.

1. “My partner will automatically get access.” - Not true. Without planning, providers will often close or delete an account.
    
2. “If I write my passwords in my will, that covers it.” - Definitely not. Wills become public documents after death, so you should never include sensitive information like passwords or PINs.
    
3. “I don’t need to worry, I don’t have crypto.” - It’s not just about money. It’s also about protecting family photos, videos, and messages.

Example case study

Mark passed away earlier this year without a will, leaving thousands of family photos and memories stored on his iCloud account. His executor does not have access to his login details.

• A family is unable to access thousands of photos stored in iCloud because the deceased hadn’t set up a legacy contact.
   
• A partner discovers they have no rights to close or manage their loved one’s Facebook account, which continues to receive friend requests and notifications.
   
• Cryptocurrency worth thousands of pounds is permanently lost because the private key was never shared.

These situations are more common than you might think. They highlight why digital assets can no longer be ignored in estate planning.

How to best protect your digital legacy

Here are some practical steps you can take now. Start by making a digital inventory, creating a list of your important accounts, devices and assets, and including the relevant login information. Keeping this list with your will can make the role of your executors far easier. 

You should also make use of the tools offered by major platforms, such as Apple’s Legacy Contact, Google’s Inactive Account Manager, and Facebook’s legacy contact or memorialisation settings, which allow you to decide who can access or manage your accounts.

These tools let you choose who can access or manage your accounts.

1. Include digital assets in your will. Your will can give your executors authority to access and deal with your digital assets, supported by a separate letter of wishes that sets out practical guidance, such as where to find your digital inventory.
    
2. Think about incapacity too. It’s not just about death. If you lose capacity, your attorneys under a lasting power of attorney (LPA) may also need authority to manage your online life.
    
3. Review regularly. Technology changes fast. Review your plan every couple of years.

Why planning ahead matters

Recent research shows that most people have not made a plan for their digital assets. That means loved ones risk losing access to precious photos, being unable to access important financial accounts, or being locked out of vital services.

Taking legal advice early can help ensure your will properly reflects your digital life, alongside more traditional assets.

Nicole Hoddinott, partner and solicitor, comments:

“By planning ahead, you’re not just protecting assets. You’re giving peace of mind to those you leave behind, and by sorting it now, you can make sure your digital life doesn’t disappear when you do. A solicitor can help you understand what should be dealt with in your will, what should sit outside it, and how to put clear, practical arrangements in place for those you trust."

It is never too early to consider these issues, and planning ahead now can prevent unnecessary stress, uncertainty, and loss later on. Our private client solicitors are here to help you put the right protections in place, at whatever stage you are.