Leaving digital assets in your Will

As technology has advanced, the amount of time we spend online has increased. Many of us now have a digital footprint that spans decades and have accumulated a significant number of valuable digital assets over the years.

Recent changes to law mean that you can now add digital assets to your will, making life easier for your executor and ensuring your digital legacy is preserved for future generations.

At Hibberts Solicitors, our wills, trusts, and probate solicitors in Cheshire help individuals across Tarporley, Northwich, Crewe, Whitchurch, and the surrounding areas to update their wills to include digital assets.

In this article, we’ll provide practical information about what digital assets are, why you should include them in your will, and how to prepare them so they can be easily located and accessed after your death.

What are digital assets?

Your digital assets are anything that you own that is stored, purchased, or available digitally or online.

Examples of different types of digital assets include:

• Financial – Cryptocurrency, online banking, PayPal balances, online investments, and digital wallets.
• Business and intellectual – Online businesses, monetised accounts, digital art, blogs, websites, domain names, and e-books.
• Personal and sentimental – Photos, videos, emails, and digital documents stored in the cloud.
• Social media – Facebook, Instagram, TikTok, WhatsApp, LinkedIn, and other social networking accounts.

Identifying and listing your digital assets is the first step towards ensuring they are accounted for in your will and protected for future generations.

What does the law say about digital assets?

As digital assets have grown in importance, the law has evolved to accommodate them. The Property (Digital Assets etc) Act 2025 formally recognised digital assets as legal personal property, meaning you can now include them in your will and pass them on to your chosen beneficiaries.

However, it’s important to note that not all digital assets can be inherited.

Certain types of online accounts and digital services are licensed and not owned by you. This is usually true for online music libraries, digital subscription services, and social media accounts. As a result, these types of accounts may not be transferable after your death. Passing on your logins for this type of account may even be classed as a breach of the terms.

It’s important to review the terms and conditions of all your important online accounts before making plans or updating your will to make sure you understand your options. Some providers have specific policies for dealing with accounts after a user’s death.

Why should you include digital assets in your will?

Even if your digital assets don’t have financial value, your loved ones may find great sentimental value in your digital legacy – especially personal content like blogs, photos, videos, or online posts.

Including your digital assets in your will makes accounting for them and distributing them as straightforward and stress-free as possible for your loved ones after you’ve gone.

Some key benefits of updating your will to include digital assets are:

Ensures assets go to the right people: If there are specific people you think would appreciate inheriting your digital assets, stating this within your will ensures your wishes are known and followed.

Reduces stress for loved ones: Many people find peace of mind in knowing they have done everything they can to make things easier for their loved ones after they’ve gone. Leaving clear instructions and an inventory of digital assets will make it quicker and easier to identify, locate, and manage online assets.

Reduces the administrative burden: Leaving a list of your accounts and login details with your digital executor makes it easier for your loved ones to carry out necessary administrative tasks after your death, like accessing online accounts to recover funds or cancelling subscriptions.

Protects sentimental memories: Photos, videos, emails, blogs, and other personal content often have significant emotional value. Leaving them in your will prevents them from being overlooked and instead enables your loved ones to preserve these memories for future generations.

What happens to your digital assets when you die?

What happens to your digital assets after death really depends on whether you’ve included them in a valid will and how well you’ve prepared them.

• When your will doesn’t include digital assets – If you have a will but haven’t added your digital assets to it, then they will probably form part of the residue of your estate and be passed to your residuary beneficiaries.
• When there is no will – Without a will, your digital assets will be distributed the same way as your other assets, according to the rules of intestacy.
• When your will includes digital assets – Digital assets will be distributed according to your wishes.

How are digital assets accessed after your death?

Your personal representative or executor is usually responsible for identifying and locating your digital accounts and assets.

It’s a good idea to spend some time creating an inventory of all your digital assets, account names, and login details. Make sure you keep this somewhere secure and let your digital executor know where they can find it after your death.

Every service provider has a different policy when it comes to transferring or closing online accounts after a death. The person who inherits your online accounts may need your death certificate or a grant of probate before they can manage or transfer the assets.

What can I do to prepare my digital assets for when I’m gone?

Identifying and accessing digital assets after a person has died can be an arduous task during an emotional and upsetting time.

However, there are several steps you can take to make it as easy as possible for your loved ones.

• Create a digital inventory – Make a list of devices, accounts, logins, and passwords and keep it somewhere secure. Sensitive login information should not be included within your will.
• Review terms and conditions – Not all online accounts can be transferred or allow other people access after your death. Check the terms and conditions of your most important accounts and make sure you understand what will happen with them.
• Appoint a digital executor – Appoint a digital executor to manage all your digital assets after your death. Make sure it is someone who is digitally-savvy and let them know where they can find your digital inventory after your death.
• Create hard copies of important assets – If you have digital assets that you can’t bear the thought of losing – like very sentimental photos or valuable documents – create hard copies of them and store them somewhere secure for added peace of mind.
• Review your digital plan regularly – The digital world changes fast – be sure to keep updating your plan as your digital footprint grows.

Need help with digital estate planning?

As more of our lives move online, digital assets are becoming an increasingly important part of estate planning. At Hibberts Solicitors, we can help you ensure your online assets are properly accounted for in your will.

Our wills, trusts, and probate solicitors in Cheshire can help you identify important digital assets, update your will, and put plans in place to ensure they’re protected and passed on according to your wishes after you’ve gone.

Contact us by calling 01270 624 225 or emailing enquiries@hibberts.com for help protecting your digital legacy.