Now that almost everything has become digital, we leave behind more than physical possessions. Email accounts, social media profiles, online banking, cryptocurrency, digital photo libraries… our digital footprint is huge. What happens to all of this when we die?
UK law is slowly adapting to the reality of digital estates. But many people still overlook this area when writing a will. Without clear instructions, loved ones can face legal hurdles accessing important or sentimental digital assets. That’s why planning ahead is important.
What counts as a digital asset?
Digital assets can include anything stored or managed online. There are more obvious items like email accounts and cloud storage, then less considered assets like gaming profiles, domain names, and online subscription services. Financially valuable items (PayPal accounts, cryptocurrency wallets, etc.) can become complex if no one has the login details.
Even seemingly trivial assets, like social media profiles, can have emotional significance. Families often want to preserve memories, while others might wish to close accounts.
Current legal landscape
UK legislation has not fully caught up with the digital age. There is no specific law that governs digital inheritance. Instead, digital assets are treated like any other form of property. If they’re owned outright, they can be passed on.
However, many digital services are based on licences, not ownership. That means you may not have the legal right to transfer or inherit them. Most online platforms also have their own terms and policies. Some social media companies allow users to appoint a “legacy contact” or request account deletion. But these options are only available if set up in advance. Without proactive planning, executors may find themselves locked out of accounts.
The role of solicitors
This evolving legal space has led to an increased reliance on legal professionals. Solicitors are playing a key role in helping people manage digital estates before and after death. They help with identifying digital assets, understanding the terms of service attached, and drafting clear instructions within wills.
Solicitors can also guide clients on how to securely store passwords and access details. While leaving login information in a will is risky due to its public nature once probate is granted, legal professionals can help set up alternatives like digital vaults.
Across the UK, people are turning to local experts for support. Whether in Scotland, Northern Ireland, or the Midlands, legal practices are stepping up to address digital estate planning. Solicitors in Gloucestershire, for example, can offer advice on how to safeguard digital assets. These legal experts offer peace of mind by ensuring nothing is lost or mishandled.
Preparing
So what can you do to protect your digital estate? Start by making an inventory of your online accounts and digital assets. Note which have financial value and which hold emotional importance. Then consider how you’d like each to be handled.
Next, speak with a solicitor. They can help draft a digital asset clause in your will, advise on best practices for storing credentials, and work with you to stay within the limits of UK law and service agreements.
You should also review each platform’s policies. Some services offer options for post-death account management; these should be used where possible.
Takeaway
Digital assets are becoming more relevant and important. Yet many people remain unprepared for what will happen to theirs after they die. With the help of solicitors, individuals can take meaningful steps to protect their digital legacy.
