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Domain Name

Definition

A domain name is the unique internet address (like "yourname.co.uk" or "yourbusiness.com") that you register and renew periodically to direct visitors to your website, acting as your online identity and a transferable digital asset.

Under UK law, domain names are intangible assets that form part of your estate and require specific planning to transfer successfully after death.

What Does Domain Name Mean?

When you register a domain name, you're entering a contractual agreement with a registrar (the company you register through, like GoDaddy, 123-reg, or Namecheap). This contract gives you the exclusive right to use that specific web address for a set period—typically one year at a time. Unlike owning physical property outright, you're essentially renting the right to use that address. If you don't renew by paying the annual fee (usually £5-15 for .uk domains), the domain expires and you lose it.

Under UK law, domain names are treated as intangible assets—valuable but not considered intellectual property in themselves. The legal framework is primarily contract law: your rights come from your agreement with the registrar, not from owning the address like you'd own a house. HMRC recognizes domains as intangible assets for tax purposes, and they're included in your estate value for Inheritance Tax calculations. The registrant (the person who registers the domain) holds legal ownership, while the beneficial owner (if different) holds the economic interest.

Domain names connect to critical online services—your website, email addresses (like contact@yourbusiness.co.uk), and customer communications. For business owners, losing a domain means losing your entire online presence. Sarah runs an online bakery at "sweettreatslondon.co.uk" generating £250,000 annually. Her domain costs just £12 yearly, but losing it would destroy her business—customers couldn't find her website, and all business email would stop working. She's documented the domain in her will with complete access details for her executor.

The time-critical nature of domains creates unique estate planning challenges. Unlike physical assets that remain available indefinitely, domains can expire and disappear if not transferred promptly after death. For .uk domains, Nominet's terms state that executors have one year from the date of death to transfer the domain—after that, it can expire permanently. Without clear instructions and access credentials, even valuable domains can be lost forever when renewal payments lapse.

Common Questions

"Can I include my domain name in my will?" Yes, domain names are digital assets that can and should be included in your will. You need to provide clear instructions about who inherits each domain and include access details (registrar, account credentials) in a secure document for your executor. Domain names have contractual renewal requirements and can expire if not transferred promptly.

"What happens to my domain name when I die?" When you die, your domain name becomes part of your estate, but it doesn't automatically transfer to anyone. Your executor has limited time to transfer it before it expires—typically one year from your death with Nominet (UK .uk domains). Without clear instructions, valuable domains can be lost permanently when they expire.

"How much is my domain name worth in my estate?" Domain name values vary dramatically based on factors like length, keywords, extension (.uk, .com, etc.), and commercial appeal. Short, memorable domains with high-value keywords can be worth thousands to millions of pounds, while newer or niche domains may have minimal value. Professional valuation may be needed for estate planning purposes.

Common Misconceptions

Myth: I own my domain name outright, just like owning a house.

Reality: Domain names aren't owned outright—you have a contractual right to use the address for a specified period. This right must be renewed regularly (usually annually) by paying fees, or you lose the domain. The language of domain "ownership" is commonly used by registrars, but legally you're renting the right to use that address through a contract.

Myth: My family will automatically get my domain name when I die.

Reality: Domain names don't automatically transfer to anyone on death. They become part of your estate, but your executor must actively transfer them—and there's a time limit (one year for .uk domains with Nominet). Without clear instructions and access credentials, valuable domains can expire and be lost forever, potentially causing significant financial loss or business disruption.

  • Digital Assets: Domain names are a specific type of digital asset within the broader category that includes cryptocurrency, social media accounts, and cloud storage.
  • Digital Executor: The person appointed to manage digital assets including domains, providing specialized support for traditional executors handling online property.
  • Intellectual Property: While domain names aren't intellectual property rights themselves, they often connect to trademarked business names and brands that are protected IP.
  • Online Business: Domains are critical infrastructure for online businesses, requiring specific succession planning and continuity arrangements as part of business asset transfer.
  • Digital Legacy: Domain preservation is part of your overall digital legacy, including websites, email history, and online identity that families may want to preserve.

Need Help with Your Will?

Understanding how to protect your domain names is essential for comprehensive estate planning. Whether you own a business domain or a valuable portfolio, clear instructions prevent loss through expiry and ensure continuity.

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.