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Digital Estate Planning: What You Need to Cover in Your UK Will

· 32 min

Note: The following scenario is fictional and used for illustration.

James, 32, a software developer in Manchester, had accumulated £47,000 in Bitcoin and Ethereum over five years. He stored it in a hardware wallet with a 24-word recovery phrase written on paper and locked in his desk. When he died unexpectedly from an undiagnosed heart condition, his wife Sarah knew about the cryptocurrency but couldn't find the recovery phrase. Despite searching for weeks, hiring a crypto recovery specialist, and contacting exchanges, the £47,000 became permanently inaccessible. James had a will—but it didn't mention his cryptocurrency or provide instructions for accessing it.

James's story isn't unique. According to a September 2024 Which? survey, 76% of UK consumers have no plan for their digital assets after death, and only 3% include digital assets in their wills. Yet 87% of UK adults use the internet daily, accumulating thousands of pounds in cryptocurrency, irreplaceable family photos, and valuable online accounts.

This guide covers the 5 categories of digital assets you need to address in your UK will, how to authorize executor access legally, and specific guidance for cryptocurrency, social media, and cloud storage.

Table of Contents

What Is Digital Estate Planning? (And Why 76% of UK Adults Get It Wrong)

Digital estate planning is the process of organizing, documenting, and providing legal instructions for your digital assets to be managed and distributed after your death.

It sounds straightforward. But the Which? survey revealed that 76% of UK consumers have no plan, only 18% have documented account access, and a mere 3% have included digital assets in their wills.

Why does this matter now?

The Property (Digital Assets Etc.) Bill introduced in September 2024 recognizes digital assets as personal property. They can be inherited, used as loan collateral, and protected from theft. Your cryptocurrency, domain names, and digital files have the same legal status as your house or car.

Yet most people believe their executor can "just reset passwords" or "figure it out." This is dangerously wrong.

The Computer Misuse Act 1990 makes unauthorized access to computers and accounts a criminal offense—punishable by up to two years imprisonment. Even with a grant of probate, your executor has no legal right to access your laptop, email, or online accounts without explicit authorization in your will.

The consequences are real and irreversible.

Emma, 38, spent six months trying to access her late father's email account containing 15 years of family correspondence. Microsoft required a court order due to data protection laws. Total cost: £3,200 in legal fees for emails that should have been accessible with proper planning.

Without digital estate planning, you risk permanently lost cryptocurrency worth thousands of pounds, inaccessible photos and videos of family memories, ongoing subscription charges draining your estate for months, identity theft as accounts remain vulnerable, and social media accounts being exploited by scammers.

The time to act is now—before your digital life becomes permanently locked away from the people you love.

The 5 Categories of Digital Assets You Need to Cover in Your Will

Your digital estate is likely worth more than you realize. Here are the five categories you need to address.

Category 1: Financial Digital Assets

These have direct monetary value and can significantly impact your estate's worth.

Cryptocurrency holdings (Bitcoin, Ethereum, altcoins, NFTs) can be worth thousands or even millions. Online banking and investment accounts on platforms like Monzo, Revolut, Trading 212, and Freetrade hold your savings and investments. Digital payment services including PayPal, Venmo, and Apple Pay may contain stored balances. Even loyalty program points like Avios and Nectar can be worth hundreds of pounds.

Category 2: Digital Property Rights

Domain names—especially valuable or brandable ones—can be worth thousands of pounds on the secondary market. Intellectual property including e-books, music, and digital art with licensing rights generates ongoing income. Business digital assets like client databases, proprietary software, and digital products represent significant value for entrepreneurs and freelancers.

Michelle's domain portfolio included "UKHomeInsurance.com," which she'd purchased for £200. At her death, it was valued at £18,000. Her will didn't mention it, and the domain expired before her executor discovered its existence.

Category 3: Social Media and Communication Accounts

Revenue-generating accounts matter most financially. YouTube channels with monetization, Instagram influencer accounts with sponsorship deals, and professional LinkedIn networks represent business assets that can be worth tens of thousands of pounds annually.

Alex's Instagram account with 45,000 followers generated £2,000 per month in sponsored content. As a business asset, it was potentially worth £50,000. But Instagram's policies made transferring account ownership nearly impossible after death.

Sentimental accounts including Facebook with years of memories and photo-sharing accounts hold irreplaceable personal value.

Category 4: Cloud Storage and Digital Files

Photo and video storage on Google Photos, iCloud, and Dropbox contains irreplaceable family memories—often the only copies in existence. Document storage holds important PDFs, scanned documents, and tax records your executor will need. Creative work including unfinished manuscripts, music projects, and design files may have both sentimental and financial value.

Category 5: Subscription Services and Gaming Assets

Active subscriptions to Netflix, Spotify, and software licenses can drain your estate if not canceled promptly. Gaming accounts with valuable in-game purchases, rare items, and established characters can be worth thousands on secondary markets.

David's World of Warcraft character had rare items estimated to be worth £3,500. His family had no idea the account existed until they received renewal notifications months after his death.

According to a Will Aid poll, 58% of UK adults now recognize the importance of including digital asset access in their wills. The question is: have you actually done it?

How the Property (Digital Assets Etc.) Bill 2024 Changed UK Law

UK law has struggled to categorize digital assets. Traditional property law recognizes two categories: "things in possession" (physical objects you can touch) and "things in action" (rights enforceable by legal action, like debts). Digital assets fit neither category neatly.

This changed in September 2024.

The Property (Digital Assets Etc.) Bill was introduced to the House of Lords on September 11, 2024, implementing recommendations from the Law Commission's June 2023 report.

The Bill creates a third category of personal property. It confirms that crypto-tokens, NFTs, and other digital assets that don't fit traditional categories can still attract property rights.

What does this mean for your will?

Digital assets now have legal status as property. They can be inherited through your will, just like your house or car. They can be used as loan collateral, giving you borrowing power against cryptocurrency holdings. They're protected from theft, with legal remedies if someone steals your digital assets. They can be claimed in bankruptcy proceedings as part of your estate.

Before this Bill, the legal status was uncertain. Executors faced challenges establishing rights to digital assets. Courts had to determine on a case-by-case basis whether cryptocurrencies and NFTs were property at all.

The Bill doesn't specify which exact assets are included—courts will decide case-by-case. This flexible approach adapts to technology evolution without requiring constant legislative updates.

One critical point: HMRC already classified crypto assets as property for inheritance tax purposes. But this broader legal recognition extends beyond just tax implications, giving executors clearer legal grounds to manage digital assets.

The takeaway? Your digital assets are legally property. They belong in your will. And without explicit instructions, they'll be subject to intestacy rules just like any other property—potentially going to people you never intended to inherit them.

Cryptocurrency and Digital Wallets: The £47,000 Problem

Cryptocurrency presents the highest-stakes digital asset challenge. Unlike bank accounts where executors can eventually gain access with enough paperwork, lost cryptocurrency is gone forever.

The access challenge is absolute.

Private keys are the only way to access cryptocurrency. If you lose them, there's no customer service department that can help. No amount of legal documentation or probate authority can recover funds without the correct private key.

Hardware wallets like Ledger and Trezor require three things: the physical device, a PIN code, and a 24-word recovery phrase. Lose any one of these, and the cryptocurrency is inaccessible. Exchange accounts like Coinbase and Binance require login credentials and often two-factor authentication codes. Executors face lengthy verification processes even with proper authorization.

What Your Will MUST Include for Cryptocurrency

Your will needs four specific elements for cryptocurrency in your will.

First, explicitly mention your holdings: "I own cryptocurrency including Bitcoin, Ethereum, and other digital tokens stored in hardware wallets and exchange accounts including [specific wallet or exchange names]."

Second, authorize executor access: "I authorize my executor to access, manage, transfer, and distribute my cryptocurrency holdings according to the terms of this will."

Third, reference location of access information: "Instructions for accessing my cryptocurrency, including wallet locations and recovery methods, are stored in [password manager name / safety deposit box at X bank / sealed envelope with solicitor at X firm]."

Fourth, provide distribution instructions: "My cryptocurrency holdings shall be distributed as follows: [specific percentages or amounts to named beneficiaries]."

What NOT to Include in Your Will

Never include private keys themselves in your will. Wills become public documents during probate—anyone can request and read them. Your private keys would be exposed to potential theft.

Never include passwords directly. The same public access issue applies.

Never write recovery phrases in your will. These 24-word phrases are as valuable as the cryptocurrency itself.

Secure Storage Options

You have several approaches to storing cryptocurrency access information securely.

A password manager like Bitwarden, 1Password, or LastPass allows you to store wallet passwords and recovery phrases encrypted. Your will then states: "Access my Bitwarden account using the master password stored in a sealed envelope at [location]." This approach is secure, easy to update during your lifetime, and accessible to tech-savvy executors. The downside: your executor needs technical competence to use a password manager.

A safety deposit box at your bank provides physical security. Store a physical copy of recovery phrases and access instructions in the vault. Your will authorizes executor access to the specific box. This works well for executors who aren't tech-comfortable. The drawback: information can become outdated if you don't update it regularly.

Professional custody services designed for high-value holdings (£100,000+) manage storage and release credentials to executors upon death verification. This provides purpose-built estate planning infrastructure but involves ongoing subscription costs and risk if the company closes.

Multi-signature wallets require multiple keys to access funds. You hold one key, your executor has another, and perhaps a trusted third party holds a third. No single person can access the cryptocurrency alone. This provides security during your lifetime while ensuring executor access after death.

Rachel, 29, owned £23,000 in Ethereum stored on Coinbase. Her will stated "my cryptocurrency goes to my brother Tom." Tom had the will but not the Coinbase login credentials.

After eight weeks of providing a death certificate, grant of probate, and identification documents, he finally accessed the account. But Ethereum had dropped 30% in value during the delay. The £6,900 loss could have been avoided with proper access planning.

Estimates suggest billions of pounds in cryptocurrency have been permanently lost globally due to lost private keys. Don't let your holdings join that total.

Social Media Accounts: What Happens to Your Digital Identity?

Social media accounts contain years of memories, thousands of photos, and irreplaceable correspondence. Yet accessing them after death is surprisingly difficult—and sometimes impossible.

The Legal Access Problem

The Computer Misuse Act 1990 creates criminal liability for unauthorized account access. Your executor doesn't automatically gain legal rights to your accounts, even with a grant of probate.

Most platforms' Terms of Service explicitly prohibit password sharing or account transfer. Executors who access accounts using your credentials may technically violate these terms.

The Data Protection Act 2018 and GDPR complicate access to deceased persons' data. Privacy rights don't entirely end at death, creating legal grey areas for executors.

Platform-Specific Policies (as of 2024)

Each platform has different rules. Understanding them helps you plan appropriately.

Facebook offers the most comprehensive options. Memorialization keeps your account active with "Remembering [Name]" displayed on your profile. Friends can continue posting tributes and memories. You can designate a legacy contact before death—someone who manages your memorialized account, responds to friend requests, and updates your profile picture. They cannot access your private messages or remove content you posted. Account deletion is also available—family members can request permanent removal with a death certificate and proof of authority. Processing typically takes two to four weeks.

Instagram offers fewer options. Memorialization requires a death certificate and legal proof of authority (will, birth certificate if parent or sibling). The account displays "Remembering" and no one can log in. You cannot access messages or download content after memorialization. Account removal requires the same documentation. There's no legacy contact option as of 2024.

LinkedIn allows account closure by immediate family members with a death certificate. The platform offers no memorialization feature. All professional connections are lost unless you export them before death.

X (formerly Twitter) keeps accounts active indefinitely unless family requests removal. You'll need a death certificate and proof of relationship. There's no memorialization feature. Accounts remain vulnerable to hacking if left active without management.

YouTube and Google offer an Inactive Account Manager tool—but only if set up before death. You specify a period of inactivity (3 to 18 months), after which designated people receive access to your data. Without this setup, account deletion requires a death certificate and court order. Even with a court order, Google may not provide password access to accounts.

What to Include in Your Will

Your will should specify preferences for each important account.

List accounts you want memorialized versus deleted: "I wish my Facebook account to be memorialized with my legacy contact. I wish my LinkedIn account to be closed immediately."

Indicate preference for photos and content: "All photos from my Facebook and Instagram accounts should be downloaded and provided to [beneficiary name] before memorialization or deletion."

Authorize your executor to act: "I authorize my executor to communicate with social media platforms on my behalf, request memorialization or deletion of accounts, and download content where permitted."

Tom died at 34 with 10,000 family photos on Facebook spanning 12 years. He hadn't designated a legacy contact. His partner couldn't access the private photos or download them.

After three months of correspondence with Facebook—providing death certificate, proof of relationship, and notarized documents—she gained access to memorialize the account. But she still couldn't download the private photos. Thousands of irreplaceable memories remain locked in an account she can view but not preserve.

According to a report by STEP and the Cloud Legal Project, 25% of clients experience significant distress regarding digital asset management after a loved one's death. Don't let your family become part of that statistic.

Cloud Storage and Digital Files: Preserving Memories and Documents

The average UK family stores thousands of photos in the cloud. Many use cloud storage as their only backup. Without access, these memories and critical documents vanish forever.

Why Cloud Storage Is Critical

Family photos and videos stored in Google Photos, iCloud, and Dropbox represent irreplaceable memories. Most people no longer print photos or store them locally. Business documents, tax records, and important PDFs may exist only in cloud storage. Your executor needs access to manage your estate properly.

Platform-Specific Access Challenges

Each major platform handles deceased users' accounts differently.

Google Drive and Google Photos offer an Inactive Account Manager tool—if you set it up before death. You designate up to 10 people to receive your account data after 3 to 18 months of inactivity. You choose which data they receive: email, photos, documents, or everything. Without this tool active, family members need a court order for access. The process is expensive and time-consuming, often taking six months or more.

iCloud provides a Digital Legacy Contact feature introduced in iOS 15.2. You designate someone who receives a one-time access key after your death. They can access photos, messages, notes, files, and most data except payment information and licenses. Without designating a legacy contact before death, family members cannot access iCloud data at all. Apple maintains the strongest privacy policy among major platforms—even death certificates and probate grants won't provide access without a legacy contact.

Dropbox offers no legacy access feature. Accounts are typically deleted after a period of inactivity. Family members can contact Dropbox with a death certificate to request account closure, but they cannot access or download files. Content is permanently lost unless you make other arrangements.

Microsoft OneDrive allows next of kin to request account access with a death certificate and court order. The process is extremely difficult and can take six months or longer. Many families give up before gaining access.

What Your Will Should Include

Authorize your executor clearly: "I authorize my executor to access all cloud storage accounts, including but not limited to Google Drive, iCloud, Dropbox, and OneDrive, for the purpose of managing my digital assets."

Provide specific instructions: "My executor shall download all photos from Google Photos and iCloud and provide them to [beneficiary name]. All business documents in Dropbox shall be reviewed for estate administration purposes."

Reference credential storage: "Login credentials for cloud storage accounts are stored in [password manager name] accessible via instructions in sealed envelope at [location]."

Actionable Steps to Take Today

Don't wait until it's too late. These steps take minutes but prevent years of heartache.

Set up Google Inactive Account Manager now. Visit your Google Account settings, find "Data & Privacy," select "Make a plan for your account." The process takes five minutes.

Add a Digital Legacy Contact on iCloud. On your iPhone, go to Settings > [Your Name] > Password & Security > Legacy Contact. Add someone you trust. They'll receive an access key to share with Apple after your death.

Create local backups of irreplaceable photos and videos on an external hard drive. Store it somewhere your executor can find it. Cloud storage is convenient but shouldn't be your only copy of precious memories.

Document all cloud storage accounts in a password manager. Include account names, email addresses used, and rough inventory of what's stored where.

Lisa, 41, stored 15 years of family photos—8,000+ images—exclusively on iCloud. She hadn't designated a Digital Legacy Contact. When she died in a car accident, her husband couldn't access any photos, including photos of their daughter who had died years earlier.

Apple refused access even with death certificate and probate documents due to privacy policy. Three years later, he still doesn't have the photos. All those memories—birthday parties, holidays, first steps, school plays—are permanently locked away.

Don't let this happen to your family. Take 10 minutes today to set up legacy access for your most important accounts.

How to Legally Give Your Executor Access to Digital Assets

The biggest obstacle to digital estate planning isn't technical—it's legal. How do you give your executor access without compromising security or breaking the law?

The Legal Authorization Problem

The Computer Misuse Act 1990 makes unauthorized access to computers and accounts a criminal offense. Simply having a grant of probate doesn't give your executor automatic authority to access your devices or accounts.

Without explicit authorization in your will, your executor faces potential criminal liability for accessing your laptop, reading your emails, or logging into your accounts—even if they're trying to administer your estate properly.

Essential Will Language for Digital Assets

Your will needs explicit authorization that overcomes Computer Misuse Act concerns.

Include this type of authorization clause:

"I authorize my executor(s) to access, manage, control, and distribute my digital assets, including but not limited to: email accounts and electronic correspondence, social media and communication accounts, financial accounts and cryptocurrency holdings, cloud storage and digital files, and any device, website, or platform requiring login credentials.

This authorization includes the right to access any device or account where I have login credentials, regardless of the Computer Misuse Act 1990 or any terms of service restrictions. This authorization is intended to provide my executor with the fullest possible legal basis for accessing and managing my digital estate."

Reference your digital inventory: "I have created a digital asset inventory stored in [location: password manager, sealed envelope with solicitor, safety deposit box at X bank]. My executor is authorized to access this inventory using the instructions stored at [specific location]."

Consider appointing a digital executor: "I appoint [Name] as my Digital Executor to handle all digital assets. If [Name] is unable or unwilling to act, I appoint [Alternative Name]. My Digital Executor shall have the same powers and duties regarding digital assets as my primary executor has regarding my physical estate."

Password Storage Options: Security vs. Accessibility

You face a fundamental tension: passwords must be secure during your lifetime but accessible to your executor after death.

Option 1: Password Manager (Recommended)

Store all credentials in a password manager like Bitwarden, 1Password, or LastPass. Write the master password in a sealed envelope stored securely (with solicitor, in safety deposit box, or other secure location). Your will states: "Access my Bitwarden account using the master password in sealed envelope at [location]."

Advantages: secure and encrypted during your lifetime, easy to update as you change passwords or open new accounts, complete inventory of all accounts in one place. Your executor gets comprehensive access with one master password.

Disadvantages: requires your executor to have basic technical competence, relies on password manager company remaining in business (choose established providers).

Option 2: Sealed Envelope with Solicitor

Create a physical document listing accounts and credentials. Update it annually or after major account changes. Store it in a sealed envelope with your solicitor or in a safety deposit box.

Advantages: accessible to non-tech-savvy executors, no reliance on technology or third-party services.

Disadvantages: high risk of outdated information (people forget to update physical documents), less secure than encryption (physical documents can be stolen or read), requires annual maintenance discipline.

Option 3: Digital Vault Service

Professional services like Everplans or Legacy Locker store credentials and release them to your executor upon death verification.

Advantages: purpose-built for estate planning, professional management of sensitive data.

Disadvantages: ongoing subscription costs, risk if company closes or changes ownership, less control than self-managed options.

Legislative Development

The Digital Devices (Access for Next of Kin) Bill is under consideration by the Law Commission. If enacted, it would simplify executor access to deceased persons' devices and accounts.

But this is not yet law. Current authorization in your will remains essential.

Sarah was executor for her brother Mark's estate. His will said "my email and social media accounts go to my daughter." It didn't explicitly authorize Sarah to access the accounts or overcome Computer Misuse Act concerns.

Mark's laptop was password-protected. A solicitor advised that accessing it could technically violate the Computer Misuse Act 1990 without explicit authorization. Sarah had to apply to court for authorization—£1,800 in legal fees and four months of delay.

One sentence in Mark's will—"I authorize my executor to access all my devices and accounts"—would have prevented this entirely.

Creating Your Digital Asset Inventory (Step-by-Step)

Theory is useful. Action is essential. This section walks you through creating your digital asset inventory today.

Step 1: Audit Your Digital Footprint (30 Minutes)

Start with your email. Search for "welcome," "verify," "confirm," and "account" to find account creation emails. This reveals accounts you may have forgotten.

Check your browser's saved passwords. Chrome, Safari, Firefox, and Edge all store and display saved credentials. This shows everywhere you have accounts.

Review your phone's app list. Each app represents a potential account with data or value.

Check credit card and bank statements for subscription charges. These reveal services you're paying for—and accounts that exist.

If you already use a password manager, export your account list. You've already done half the work.

Step 2: Categorize Your Digital Assets

Create a spreadsheet or document with these columns:

Account Type: Financial, Social Media, Cloud Storage, Subscription, Business, or Other

Platform/Service Name: "Coinbase," "Facebook," "Google Photos," "Netflix"

Username/Email: How the account is identified

Access Method: "Password manager," "2FA via phone," "Email reset," "Hardware key"

Approximate Value: For financial assets, list amounts. For others, note "High," "Medium," or "Low" for either monetary or sentimental importance.

Your Wishes: "Transfer to [name]," "Download photos and give to [name]," "Memorialize," "Delete immediately," "Close and cancel"

Step 3: Document Access Information

For each important account, note how your executor will actually access it.

Password manager: "Stored in Bitwarden" (then ensure master password is accessible per your will instructions)

Two-factor authentication: "2FA via Google Authenticator on my phone" (executor needs phone access) or "2FA via SMS to [phone number]" (executor needs SIM card access)

Security questions: Consider documenting answers to security questions in your secure storage

Recovery email/phone: List the backup contact methods platforms will use for account recovery

Step 4: Assign Asset Distribution

Specify what happens to each asset category.

Financial assets: "[Coinbase account] balance to be withdrawn and deposited into residuary estate for distribution per will terms" or "[PayPal account] contents to go directly to [name]"

Sentimental assets: "[Facebook photos] to be downloaded by executor and provided to [name] on USB drive" or "[Google Photos library] to be shared with [name] and [name]"

Business assets: "[Domain names] to be transferred to [name] for continued business operation" or "[YouTube channel] to be sold and proceeds added to estate"

Subscription services: "Cancel all subscriptions immediately except [specific service] which should continue until [date or event]"

Step 5: Store Securely

Use a three-part security approach.

Your digital inventory goes in your password manager or encrypted document. This contains the full details.

Your will contains authorization and instructions for accessing the inventory: "Access my digital asset inventory in Bitwarden using master password stored at [location]."

The master key—password manager master password or encryption key—goes in a sealed envelope stored with your solicitor, in a safety deposit box, or another secure physical location your executor knows about.

Step 6: Update Regularly

Schedule an annual review every January. Update your inventory after opening new high-value accounts (crypto exchange, business account with significant value). Revise after major life changes (marriage, divorce, new business, property purchase). Review when you hear news about lost digital assets (reminds you why this matters).

James, 36, spent two hours creating his digital inventory. He discovered he had 17 active subscription services costing £340 per month—several he'd forgotten about. He found £8,000 in a Coinbase account he'd opened years ago and stopped using. He identified a domain name registered in 2015 now valued at £2,500.

The exercise didn't just prepare his estate—it helped him cancel unnecessary subscriptions and realize £10,500 in forgotten assets he could use immediately.

Common Digital Estate Planning Mistakes (And How to Avoid Them)

Even people who attempt digital estate planning often make critical errors. Avoid these common pitfalls.

Mistake #1: Including Passwords Directly in Your Will

Wills become public documents after probate. Anyone can request a copy from the Probate Registry for a small fee. If your will contains passwords, private keys, or login credentials, you've just exposed them to public view.

What to do instead: store credentials separately in a password manager or sealed envelope. Your will only references how to access the secure storage: "My passwords are stored in Bitwarden, accessible using master password in sealed envelope with [solicitor name]."

Mistake #2: Assuming Your Executor Can "Just Reset the Password"

The Computer Misuse Act 1990 makes unauthorized access illegal. Most platforms won't reset passwords even for executors without lengthy proof processes involving death certificates, grants of probate, and legal documentation. The process can take three to six months or may be refused entirely.

Cryptocurrency has no password reset option at all—lost private keys mean permanently lost funds.

What to do instead: explicitly authorize executor access in your will and provide secure access to actual credentials.

Mistake #3: Not Setting Up Platform-Specific Legacy Tools

Google Inactive Account Manager, Facebook Legacy Contact, and iCloud Digital Legacy Contact must be set up before death. There's no way to enable them afterwards, no matter what legal documents your executor has.

Without these tools, family members face extremely difficult or impossible access—especially for iCloud, where Apple's privacy policy prevents access even with death certificates and court orders.

What to do instead: spend 15 minutes now setting up Google Inactive Account Manager (in your Google Account settings), Facebook Legacy Contact (in Settings > Memorialization Settings), and iCloud Digital Legacy Contact (Settings > [Your Name] > Password & Security).

Mistake #4: Forgetting About Cryptocurrency

Cryptocurrency isn't linked to your identity—it's linked to private keys. Without those keys, billions of pounds in cryptocurrency have been permanently lost globally. No will, no legal document, and no amount of money can recover funds without the correct private key.

What to do instead: document all cryptocurrency holdings explicitly in your will, store recovery phrases and private keys securely (never in your will itself), and provide explicit instructions for executor access.

Mistake #5: Using Vague Will Language

"My executor can access my accounts" is too vague. Which accounts? What legal authority overcomes the Computer Misuse Act? Can they access devices or only online accounts?

What to do instead: use explicit authorization language that lists specific asset categories ("email accounts, social media accounts, cloud storage, financial accounts, cryptocurrency, digital files") and explicitly references the Computer Misuse Act 1990 to provide clear legal authority.

Mistake #6: Never Updating Your Digital Inventory

You open new accounts. You close old ones. You change passwords. A static inventory created once becomes outdated and potentially misleading within months.

Your executor wastes time trying to access accounts that no longer exist. Meanwhile, they miss new valuable accounts you opened recently.

What to do instead: set a calendar reminder to review your digital inventory every January. Update it immediately after opening any high-value account (cryptocurrency exchange, business account, domain purchase).

Mistake #7: Not Appointing a Tech-Savvy Executor or Digital Executor

Your primary executor may be your spouse or sibling—someone you trust completely but who doesn't understand cryptocurrency wallets, password managers, or blockchain technology.

They face confusion, make mistakes, and potentially lose valuable assets because they don't understand the technology.

What to do instead: if your primary executor isn't tech-comfortable, appoint a separate digital executor in your will—someone who understands cryptocurrency, cloud storage, and digital assets. Alternatively, provide extremely detailed step-by-step instructions for someone with limited technical knowledge.

The Which? survey found that 76% of people make Mistake #1—having no plan at all. Don't join that statistic.

Frequently Asked Questions

Q: What is digital estate planning and why do I need it?

A: Digital estate planning is the process of organizing and providing instructions for your digital assets—including cryptocurrency, social media accounts, online banking, cloud storage, and digital files—to be managed after your death. With 76% of UK adults having no plan for their digital assets and 87% using the internet daily, digital estate planning ensures your £thousands in cryptocurrency, treasured photos, and online accounts don't become permanently inaccessible to your loved ones.

Q: What counts as a digital asset in the UK?

A: Digital assets include financial assets (cryptocurrency, PayPal, online banking), digital property rights (domain names, NFTs, intellectual property), social media accounts (Facebook, Instagram, LinkedIn), cloud storage (Google Drive, iCloud), digital files (photos, videos, documents), and subscription services. Under the Property (Digital Assets Etc.) Bill introduced in September 2024, crypto-tokens and certain digital assets are now recognized as personal property that can be inherited.

Q: Can I leave cryptocurrency in my will?

A: Yes, you can and should include cryptocurrency in your UK will. The Property (Digital Assets Etc.) Bill 2024 recognizes crypto-tokens as personal property. Your will should explicitly mention your cryptocurrency holdings, authorize your executor to access them, and provide clear instructions for retrieving private keys. Without proper planning, crypto worth thousands or millions of pounds can become permanently inaccessible if private keys are lost.

Q: What happens to my social media accounts when I die?

A: Without planning, social media accounts face complicated access challenges. Executors don't automatically have legal authority to access accounts due to the Computer Misuse Act 1990. Each platform has different policies: Facebook allows memorialization with legacy contacts, Instagram requires death certificates and legal proof, and LinkedIn can be closed by family members. Only 18% of people document access instructions, leaving 82% of families struggling to manage digital legacies.

Q: How do I give my executor access to my digital assets?

A: Create a secure digital inventory listing all accounts, usernames, and how to access them (but NOT passwords directly in your will, as it becomes public). Store access credentials in a password manager and provide your executor with instructions for accessing it. In your will, explicitly authorize your executor to access digital devices and accounts. Consider appointing a separate digital executor if your regular executor isn't tech-savvy. The upcoming Digital Devices (Access for Next of Kin) Bill may simplify this process.

Q: Do online accounts automatically go to my family when I die?

A: No. Most online accounts are governed by licensing agreements, meaning you don't legally own them and can't transfer them through your will. Service providers' terms and conditions restrict account sharing or transfer. Facebook, for example, doesn't allow login sharing but offers memorialization. The Computer Misuse Act 1990 makes unauthorized access illegal, even for executors. Without explicit authorization in your will and proper documentation, your family may never access your digital accounts.

Q: Should I include passwords in my will?

A: No, never include passwords directly in your will. Wills become public documents after probate, exposing your sensitive information to anyone who requests a copy. Instead, store passwords in a secure password manager, keep a separate encrypted document, or use a digital vault service. In your will, provide instructions for accessing this secure storage and authorize your executor to use the credentials to manage your digital estate.

Conclusion

Digital estate planning protects what matters most in the modern world.

Key takeaways:

  • Digital estate planning protects £thousands in cryptocurrency, irreplaceable family photos, and online accounts from becoming permanently inaccessible to your loved ones
  • The Property (Digital Assets Etc.) Bill 2024 recognizes digital assets as personal property—they can and should be included in your UK will with the same legal protection as your house or car
  • Your will must explicitly authorize your executor to access digital assets and reference your secure digital inventory—never include passwords directly in your will, as it becomes public during probate
  • Set up legacy tools now: Google Inactive Account Manager (5 minutes), Facebook Legacy Contact (2 minutes), and iCloud Digital Legacy Contact (3 minutes) before it's too late
  • Create your digital asset inventory today using our five categories: financial assets (crypto, PayPal), digital property rights (domains, NFTs), social media accounts, cloud storage, and subscriptions

James's £47,000 in Bitcoin didn't have to be lost. Lisa's 8,000 family photos didn't have to disappear. With 15 minutes of planning and proper will instructions, you can ensure your digital legacy—and your loved ones—are protected.

Create your will with digital estate planning built in. With WUHLD, you can authorize executor access to digital assets, reference your secure digital inventory, and include specific cryptocurrency and online account instructions—all in 15 minutes online.

For £99.99 (vs £650+ for a solicitor), you'll get:

  • Your complete, legally binding will with digital asset authorization clauses
  • A 12-page Testator Guide covering digital estate planning best practices
  • A Witness Guide for proper will execution
  • A Complete Asset Inventory document (including dedicated digital assets section)

You can preview your entire will free before paying anything.

Create Your Will with Digital Estate Planning – Free Preview

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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