Most of us now live a large part of our lives online. We bank, shop and invest digitally. We share photos and memories in the cloud. We hold cryptocurrency, loyalty points and valuable creative work behind passwords and facial recognition. Increasingly, our online presence has real financial and sentimental value, and it does not simply disappear when we are gone.
Yet while many people take care to plan how property, savings and personal possessions will pass on to loved ones, far fewer consider their digital legacy. Without clear instructions, families can struggle to access important accounts, or digital assets can be lost forever. In some cases, well-intentioned access attempts can even breach UK law.
As the legal landscape evolves, it is becoming more important to ensure that online accounts, digital investments and stored information are included in estate planning.
This article explores what counts as a digital asset, how to document and protect access, and the steps that may help ensure your online life is handled exactly as you intend in the future.
What is a digital legacy?
A digital legacy is the collection of online accounts, digital assets and stored information that continue to exist after a person dies. It covers far more than just social media profiles. Most people now hold a wide range of digital items with either financial or personal value — and sometimes both.
This can include email accounts, online banking and investment platforms, loyalty points and digital subscriptions. For many, it also involves cloud-based photo libraries, personal documents and messaging apps, which may contain cherished memories that families want to preserve.
Increasing numbers of people own cryptocurrency or NFTs (Non-Fungible Tokens). These are unique digital assets recorded on the blockchain (a secure digital system for recording transactions) to verify ownership of items such as digital art, music or collectibles. These may have significant monetary value, but are easily lost if access details are not recorded securely.
Digital legacy can also extend to online businesses or monetised content such as blogs, YouTube channels or Etsy stores, which may continue generating income. In short, our digital footprint is now firmly part of our estate and deserves thoughtful protection.
Why planning your digital legacy matters
When digital assets are not documented, loved ones can face practical and emotional challenges at an already difficult time. Valuable memories stored in photo libraries or messages may be lost forever if no one knows where they are kept, or how to access them.
Online bank accounts, investment platforms or cryptocurrency wallets can remain inaccessible, leaving funds unrecoverable. Even with the best intentions, attempting to log into someone else’s accounts can breach privacy laws or platform terms of service, creating further complications.
The Law Society has issued guidance encouraging people to include digital assets within their estate planning, noting the rapid growth of online-only accounts and digital value. Yet research shows that many wills still fail to cover online information at all.
There are various reasons why you need a will, and including digital assets alongside property, savings and personal belongings can help ensure nothing important is overlooked.
Taking stock: creating a digital asset inventory
A key step in planning a digital legacy is knowing exactly what you have. Creating a digital asset inventory helps ensure that valuable accounts are not lost or forgotten. This list could include online banking and investment platforms, cryptocurrency wallets, email and social media profiles, cloud drives containing photos or documents, online subscriptions, loyalty schemes and any monetised digital activity.
When putting together an inventory, it can be helpful to record details such as the account name, type of asset, approximate value, who owns it, and what you would like to happen to it in the future.
A trusted executor may also need instructions on how to locate or access accounts, particularly where security features or multi-factor authentication are involved.
However, security must always come first. Passwords, PINs and private crypto keys should never be written directly into a will, as wills become public documents once probate has been granted.
Instead, many people choose to store login information separately using a secure password manager, an encrypted file or a sealed letter held with a solicitor, with clear instructions in the will on how these details should be accessed when the time comes.
This process complements the broader guidance in our Comprehensive Checklist for Making a Will in the UK, helping ensure that both online and offline assets are accounted for.
Appointing a digital executor
In addition to naming a traditional executor, some people choose to appoint a “digital executor” — a trusted individual who is asked to manage their online affairs after death.
Although this role is not yet formally defined in UK law, it can be recognised in practice through clear instructions in a will or accompanying guidance for executors.
A digital executor may be responsible for tasks such as closing social media or subscription accounts, transferring ownership of monetised platforms, ensuring sentimental data such as photos is preserved, and managing access to digital wallets or other assets with financial value.
Where cryptocurrency or high-value digital investments are involved, the role may require particular care, as access credentials must be handled securely and in line with legal requirements.
Choosing someone who is both trustworthy and digitally competent can help make the process smoother for loved ones. It may also be useful to involve this person early on, so they understand where key information is stored and what your wishes are.
The Law Commission has recently consulted on changes designed to clarify executor rights around digital asset access, reflecting the growing importance of ensuring estates can be administered properly in a digital age.
Cryptocurrency and digital assets of financial value
Cryptocurrency presents some of the most complex considerations within a digital legacy. Unlike traditional bank accounts, crypto assets are decentralised — meaning there is no central authority that can restore access if login details are lost.
Ownership is proven using private keys, and without them those assets may become permanently inaccessible. In the UK, this has already led to cases of significant value being unrecoverable after someone dies simply because passwords could not be found.
Crypto is treated as property for legal purposes, which means it may fall within the scope of Inheritance Tax. This is why it can be beneficial to ensure that crypto holdings are included in wider estate planning discussions alongside other financial considerations.
How cryptocurrency is stored can also affect access. Some people keep their holdings on exchanges (online platforms), while others use hardware devices known as “cold wallets”. In both cases, executors may require specific instructions or recovery phrases to transfer the assets. Careful organisation can help ensure these details are kept secure while remaining accessible to the right people when needed.
Crypto markets can be highly volatile, and the digital space carries risks such as hacking and scams. It is therefore vital to be aware of the risks and potential dangers of cryptocurrency, and ideally when managing estates that include such assets, a professional with experience in handling digital assets should be involved.
As digital wealth continues to grow, making practical arrangements for ownership transfer is becoming an increasingly important part of modern estate planning.
Access and privacy: what the law allows
In the UK, the Computer Misuse Act 1990 makes it a criminal offence to access someone’s computer, online account or digital device without proper authorisation — even after they have died. That includes using a password left by a loved one. Under Section 1 of the Act, unauthorised access can carry penalties of a fine or prison sentence.
That legal reality can make things difficult for family members and executors when credentials aren’t clearly documented: well-meaning attempts to log in and retrieve memories, funds or important records can unintentionally breach the law.
Because data protection rights end on death, there is no guaranteed “right of access” for next-of-kin or executors. Instead, access is governed by each service provider’s terms — and many require explicit consent given before death.
Some major service providers now offer “legacy contact” or “inactive account” settings, allowing account-holders to designate someone to manage or close the account in the event of death.
Meanwhile, the Law Commission has recently consulted on clarifying executor access rights to digital assets — signalling growing recognition that law and policy must evolve with how we store wealth and memories online.
Because legal access remains uncertain, the most dependable way to protect a digital legacy is to document your wishes clearly: include instructions in your Will or in a separate, securely stored statement about who should manage your digital accounts — and how. This clarity helps avoid the grey area altogether.
Security, storage and trust options
One of the biggest challenges in managing a digital legacy is balancing security with accessibility. Sensitive information must be protected during life, yet still available to the right people when needed.
For many, a secure password manager with an approved “emergency access” function can offer a practical solution. Others choose to store credentials in an encrypted digital file or as sealed instructions held with a solicitor or in a safety deposit box.
Whatever method is chosen, it is important that passwords, recovery phrases and private keys are kept separate from the Will itself, but clearly referenced within it. This ensures that confidential information does not become public after probate, while executors still receive the guidance required to administer digital assets correctly.
Where significant financial value is involved — such as cryptocurrency or online business assets — there may be instances where specialist structures are appropriate. High-value digital assets could, in certain circumstances, benefit from being placed in trust to provide added protection and ensure they are managed in line with long-term wishes.
Being organised about access not only protects against fraud and data loss, it also helps avoid unnecessary stress for loved ones later on.
Common pitfalls and how to avoid them
Digital assets can easily be overlooked when estate planning is focused solely on physical possessions and financial accounts.
Without a central list, important information may be missed altogether. Passwords and recovery keys can also go unrecorded or become outdated — and once lost, access to digital wallets or cloud-stored data may be gone for good.
Another challenge arises when executors are not comfortable with technology or unaware of where digital assets are held. In some situations, unclear instructions can even lead to breaches of platform terms of service or UK privacy laws if loved ones attempt access without proper authority.
It may be beneficial to review digital accounts regularly, particularly when devices are upgraded or login details change. In certain circumstances, professional guidance can help ensure that digital instructions are stored securely and that wills reflect current wishes without unintentionally compromising privacy.
Proactive planning can make a significant difference, reducing stress for family members and helping ensure that both sentimental and financial value is preserved.
The future of the digital legacy
As more of our wealth and personal history moves online, demand for clearer digital estate planning is rapidly increasing.
Younger generations, in particular, are building substantial digital value — from cryptocurrency portfolios to online investments, affiliate partnerships and businesses — meaning that digital legacies will only become more significant over time.
UK legislation is also developing, with ongoing reviews aimed at simplifying executor access and clarifying rights over online accounts and assets.
Taking steps to plan ahead may help families avoid future complications, ensuring that digital wealth and memories can be managed smoothly and in line with personal wishes.
Your digital life deserves a secure legacy
Our online lives now hold as much value as the possessions we keep at home, and sometimes more. From treasured memories to financial assets, digital information plays a major role in who we are and what we leave behind.
Planning for a digital legacy helps ensure that nothing important is lost and that loved ones are not left facing difficult decisions without guidance.
Thinking ahead, documenting where digital assets are held and making clear arrangements for access can provide families with peace of mind and help protect both sentimental and financial value for the future.
Ready to protect your digital legacy? Talk to the experts at Partridge Muir & Warren.
Digital assets are increasingly part of the estate planning process. Ensuring they are properly recorded and managed may help make the administration of your estate smoother and safeguard cherished memories and financial value.
At Partridge Muir & Warren, we help clients plan for every aspect of their legacy — from traditional property and investments to emerging digital assets. Our experienced team of legal advisers and financial planners can ensure that your will reflects the full scope of your wealth, both on and offline.
If you are considering how your digital accounts and online records should be handled in the future, get in touch with PMW. We can help you put the right arrangements in place to protect what matters most for the next generation.