Gone but still logged in: What happens to your digital life when you die?
More and more Australians are accumulating valuable digital assets, yet many overlook them when preparing or updating their Will.
Whether it’s cryptocurrency, family photos stored in the cloud, digital collectibles or social media accounts, your digital assets can hold both significant financial and sentimental value.
Our Wills and Estates team can help you understand how digital assets are treated in estate planning and ensure your assets are properly managed and passed on according to your wishes.
What are Digital Assets?
Digital assets can include both tangible and intangible property, such as:
- Cryptocurrency (e.g. Bitcoin, Ethereum)
- Digital property or intellectual property like domain names, websites, monetised blogs and digital products like eBooks, music and playlists, photographs or digital art
- Credit in financial digital accounts like TAB or other gambling credit accounts, loyalty program points like Frequent Flyer points, PayPal, Stripe, and Cloud storage credits
- Monetised online accounts like YouTube channels, Instagram influencer accounts and other forms of revenue or brand sponsorship with financial implications
- Cloud-stored content (e.g. your photos, videos, documents stored on platforms like iCloud, Dropbox, Google Drive)
- Social media accounts (TikTok, Facebook, Instagram, LinkedIn, YouTube, SnapChat)
- Email accounts (your Gmail or personal files linked to your work account)
Each of these assets may have unique access requirements and legal or contractual limitations on how they can be transferred or accessed after death.
Why include digital assets in your Will?
If you don’t address your digital assets in your Will or make arrangements for them to be managed after you pass away, they may be lost, inaccessible, misused by third parties or subject to legal disputes. Unlike tangible or physical property, digital assets can be difficult for your executors to identify and often require passwords or specific legal authority to access. Some accounts may be subject to provider terms and conditions that restrict third-party access or ownership transfer, even with a Will.
By clearly addressing digital assets in your estate plan, you help your executors:
- Identify what digital assets exist and where to find them;
- Understand how to access or manage those assets;
- Avoid potential breaches of privacy or terms of service agreements; and
- Distribute assets in accordance with your wishes.
What should you do
- Take inventory
List all your digital assets, including where they are held, what they contain, and any associated passwords or access instructions. Store this list securely and update it regularly. - Provide clear instructions in your Will
Your Will should include clauses that refer to your digital assets and authority for your executor to deal with them. You should state any specific wishes for certain assets. For example, you might wish to leave cryptocurrency to a specific beneficiary or have your social media accounts closed or memorialised. - Check platform Terms of Service
Some digital platforms have strict policies about access and data deletion upon death. Reviewing these terms with your legal advisor can help you understand what is and isn’t legally possible, to ensure your wishes can be carried out. - Protect Privacy and Security
While it’s important to leave instructions, avoid including sensitive login credentials in your Will itself, as it may become a public document. Instead, store them securely using a password manager or with a trusted professional.
Planning ahead
Digital assets are an evolving area of estate law, and it’s important that your Will reflects the full scope of your estate. This includes what exists online. Our experts can help you incorporate digital asset planning into your estate documents with clarity and care, ensuring peace of mind for you and your loved ones.
Queries
To discuss your estate planning needs or to update your Will, please contact the authors or any member of our Wills and Estates team.
Disclaimer
This information and the contents of this publication, current as at the date of publication, is general in nature to offer assistance to Cornwalls’ clients, prospective clients and stakeholders, and is for reference purposes only. It does not constitute legal or financial advice. If you are concerned about any topic covered, we recommend that you seek your own specific legal and financial advice before taking any action.