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Digital Legacy

Definition

Digital legacy is all the online accounts, digital files, and electronic data you leave behind when you die, from social media and photos to cryptocurrency and cloud storage.

Understanding digital legacy is essential for modern will-making, as your family cannot automatically access these accounts without proper planning.

What Does Digital Legacy Mean?

Your digital legacy is the complete collection of online accounts, digital files, and electronic data you leave behind after death. This includes social media profiles like Facebook, Instagram, and LinkedIn, email accounts, photos and videos stored in the cloud, cryptocurrency holdings, online banking and investment accounts, streaming service subscriptions, domain names, and any online businesses or digital intellectual property you own. Unlike physical assets, digital assets don't automatically transfer to your family—each service provider has different policies on posthumous access.

The legal status of digital assets in the UK is evolving. The Property (Digital Assets etc) Bill, which passed third reading in the House of Lords in May 2025 and is progressing through the House of Commons, will formally recognise digital assets as a third category of personal property under UK law. Currently, HMRC already treats cryptoassets as property for inheritance tax purposes, meaning valuable digital holdings form part of your estate for tax calculations even if your family cannot access them.

Most people haven't planned for their digital legacy—research from the Law Society of Scotland shows that 70% of UK wills don't mention digital assets. This creates significant challenges for families after bereavement. Sarah's father passed away suddenly, and she wanted to access the family photos he'd stored in his Google Photos account. Without access credentials or legal authority, Google wouldn't grant access for 9 months while the family obtained probate. Hundreds of irreplaceable family memories remained locked during the most difficult time. Similarly, James discovered after his brother's death that he had £8,400 worth of Bitcoin, but without the recovery phrase documented anywhere, the cryptocurrency became permanently inaccessible—lost forever despite being part of the estate valued for inheritance tax.

Each platform has different policies for managing accounts after death. Facebook allows you to appoint a "legacy contact" who can manage memorialisation of your profile. Google offers an "Inactive Account Manager" for planning posthumous access. Apple's "Digital Legacy" feature lets you designate contacts who can access your iCloud after death. Cryptocurrency presents unique challenges—unlike social media accounts, Bitcoin or Ethereum holdings are fully transferable as property, but only if you've documented your private keys or recovery phrases. The best approach is to create a detailed digital asset inventory, store credentials securely using a password manager, and appoint a digital executor in your will with clear instructions for each type of account.

Common Questions

"What happens to my social media accounts when I die?" Your social media accounts won't disappear automatically when you die. Each platform has different policies—Facebook offers memorialisation or deletion, Instagram allows memorialisation, and Twitter/X can remain active or be removed by family request. Without planning, your family may struggle to access or manage these accounts.

"Do I need to include digital assets in my will?" Yes, you should include instructions about your digital assets in your will or a separate letter of wishes. This covers social media, email accounts, photos, cryptocurrency, and online subscriptions. Appointing a digital executor ensures someone has authority to manage these assets according to your wishes.

"Can my family access my online accounts after I die?" Not automatically. Most service providers won't grant access without proper legal authority, and some accounts are non-transferable. Planning ahead by documenting your accounts, storing credentials securely, and appointing a digital executor in your will makes the process significantly easier for your family.

Common Misconceptions

Myth: My family will automatically be able to access my social media, email, and online accounts when I die.

Reality: Most service providers will not grant access to accounts without proper legal authority, and many accounts like email and social media usernames are non-transferable under platform terms of service. Your family will need your login credentials or may have to wait months for probate before requesting account access, and some platforms may refuse access entirely even with legal documentation.

Myth: Digital legacy planning is just about Facebook and Instagram—it only matters if you're really into technology or cryptocurrency.

Reality: Digital legacy includes any online account or digital file, which means everyone has one in 2025. This includes online banking accessed digitally, mobile phone photos, email accounts, utility bills stored online, NHS records, council tax accounts, loyalty card points, streaming subscriptions, and documents saved in the cloud. Even if you don't consider yourself tech-savvy, you likely have dozens of digital accounts that your family will need to manage or close after your death, and many may have ongoing costs or valuable content.

  • Digital Assets: The specific types of online property and files within your digital legacy, including cryptocurrency, NFTs, and social media accounts.
  • Social Media Account: A specific type of digital legacy asset with platform-specific memorial policies like Facebook's legacy contact feature.
  • Digital Executor: The person you appoint in your will to manage your digital legacy and access online accounts after death.
  • Online Accounts: The account-based digital assets requiring login credentials, such as email, banking, and subscription services.
  • Cryptocurrency: Digital currency holdings that form part of your digital legacy and require special documentation of private keys for inheritance.
  • NFT: Non-fungible tokens representing digital collectibles that may be part of your digital legacy and estate.

Need Help with Your Will?

Understanding digital legacy is essential for modern will-making. Most people have dozens of online accounts that need planning. Your family will thank you for making it easier to access important photos, manage social media, and inherit valuable digital assets.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

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.