Digital Legacy Planning: Why Your Will Should Include Photos, Emails & Online Accounts

In today’s ever-connected world, so much of what matters most is digital—our treasured photographs, heartfelt emails, social media interactions, and even our finances. Yet many still overlook these assets when making a will. Leaving digital accounts unaddressed can create stress and confusion for families at a time when clarity is most needed.

What is digital legacy planning?

Digital legacy planning involves organising and recording your digital assets—such as photos, emails, social media, and online banking—to ensure they’re accessible and protected in accordance with your wishes. Proper planning can preserve memories, ensure smooth probate, and prevent the loss of important digital property.

What is the meaning of digital legacy?

Your digital legacy is the collection of digital information and assets you leave behind, such as email accounts, cloud-stored photos, digital currency, online memberships, social media profiles, blogs, and even digital copyrights or websites. It’s your virtual footprint and is just as important as your physical possessions.

The Cost of Overlooking Digital Assets in Your Will

Failing to address digital assets in your will can lead to significant complications for loved ones. Unlike traditional assets, digital possessions are often protected by passwords, encryption, or provider terms and conditions. If these are not properly documented:

• Family members may be permanently locked out of cherished photos, videos, and messages stored on cloud services or social media.
• Important documents or financial statements may be inaccessible, potentially leading to loss of funds or unclaimed assets.
• Social media or email accounts may remain open or vulnerable to hacking or identity theft, exposing your private life and increasing the risks of fraud.

Without explicit provisions, executors might face frustrating dead ends with tech providers—some of whom may even require a court order before access is granted, causing stressful delays during probate.

How do you appoint a digital executor?

A digital executor is a trusted person named in your will to manage your digital assets after you pass away. Although this role is not yet formally recognised under UK law, you may assign these responsibilities to your main executor or another reliable person with digital know-how. Discuss your wishes openly, safely share login info (using a password manager or sealed instructions held by your solicitor), and review these arrangements regularly.

Probate Pitfalls: How Digital Oversights Can Delay Estate Administration

When wills are silent on digital assets, executors frequently encounter:

• Delays in probate due to difficulty in confirming and valuing digital property.
• Complications when seeking legal authority to close, transfer, or recover online accounts.
• Hidden or forgotten financial accounts—such as PayPal balances, crypto wallets, or premium memberships—that can remain unclaimed, reducing the value of the estate.

Digital assets can be hard to track, especially if executors have little digital literacy or lack instructions. Disputes or the loss of valuable memories and information can place further strain on families at an already challenging time.

What to do with digital accounts when someone dies?

Executors and families should:

• Review the will for digital asset instructions.
• List and locate online accounts and digital assets.
• Access, memorialise, transfer, or close accounts with the guidance of each platform’s process.
• Ensure sensitive data is protected throughout.
• Seek expert legal advice for handling any complexities related to digital assets.

Digital Legacy Planning Features on Popular Platforms

Different online and social media platforms provide tools and procedures to help users plan their digital legacy. Here’s how several leading providers handle digital assets after death, along with practical tips for setting up your accounts accordingly:

Key Takeaways:

• Always check your preferred platforms for the latest legacy planning tools—they change often.
• Where a legacy contact or similar feature does not exist, ensure clear records of key accounts and login information are securely kept with your estate planning documents or a trusted password manager. Some password managers offer legacy settings, allowing you to nominate an emergency contact.

Ensuring Security and Access

Given the patchwork approach across different providers, it’s crucial to:

• Maintain a secure, regularly updated inventory of your digital assets.
• Store passwords and sensitive info safely (preferably in a password manager with an emergency access feature).
• Make your instructions clear in your will, and review your arrangements every few years with your solicitor.

As technology evolves, it’s also worth noting that the Law Commission is exploring reforms to allow electronic wills in the UK, reflecting the growing importance of our digital lives in all aspects of estate planning. Read more about the Law Commission’s recommendations on electronic wills.

Practical Advice: How to Make Your Digital Legacy Secure and Accessible

To prevent these problems, it’s crucial to:

• Document every significant digital asset—include a list of email accounts, cloud storage logins, social media, subscription services, and financial platforms.
• Use a password manager that allows a nominated emergency contact or digital executor to retrieve account information if you die.
• Review your estate plan regularly; update it as new digital services or accounts are acquired.
• Discuss your wishes with both your executors and your solicitor, and ensure your will addresses what should happen to your digital property.
• Addressing these issues now not only protects your family from legal headaches but also preserves your digital life for generations to come.

Take Control of Your Digital Legacy

Protecting your family’s digital memories and avoiding unnecessary confusion is easier with a clear plan. For personalised help with digital legacy planning—ensuring your will addresses both traditional and digital assets—contact our friendly, expert team for a free consultation. We’ll guide you every step of the way, giving you and your loved ones lasting peace of mind.