Digital Assets and Wills UK: Plan Your Digital Legacy
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Most of us now live a sizeable chunk of our lives online. Photos sit in the cloud, money flows through app-based banks, crypto sits behind a private key, and whole businesses run on domains and social accounts. Yet when people sit down to write a will, these things are often an afterthought, or missed entirely.
That creates real headaches for families trying to piece together what someone owned and how to access it. This guide walks through what digital assets are, how they sit within the law of England and Wales, and the practical steps you can take now so the people you leave behind are not locked out of your digital life.
It is written for anyone thinking about their will, whether you are starting from scratch or updating an older one.
What this document is
A digital asset is anything of value, financial or personal, that exists in electronic form. The category is broader than most people realise. On the money side it covers cryptocurrency holdings, online bank and payment service balances, trading accounts, airline and retailer loyalty points, domain names, monetised YouTube or Substack channels, stock in online shops, and intellectual property such as blog content or code.
On the personal side it covers photos and videos stored on your phone or in the cloud, email archives, social media profiles, music and e-book libraries, gaming accounts, and subscription services. Some of these have clear monetary value. Others have no resale worth but enormous sentimental weight for the people you leave behind.
The tricky part is that the rules governing each type differ. Some you truly own, some you only hold a licence to use, and some cannot legally pass to anyone else at all. A will that ignores this mix leaves executors guessing.
How to use this document
- Build a full inventory. Work through your devices, email inbox and bank statements and list every online account, wallet, subscription and stored file that has either financial or sentimental value. Group them by category so it is easier to decide later what should happen to each one. Keep this list separate from your will itself.
- Check what you actually own. Read the terms of service for key accounts. Many platforms only grant you a personal, non-transferable licence, which means items like purchased e-books, music libraries or gaming inventories cannot be inherited. Knowing this in advance stops your executors chasing something they can never unlock.
- Decide what should happen to each asset. For each item, choose between transferring value to a beneficiary, closing the account, memorialising it, or deleting the contents. Crypto, domains and loyalty balances generally need clear instructions. Photos and emails may need someone trusted to preserve or delete them sensitively.
- Appoint a digital executor or guide your main executor. The law of England and Wales does not formally recognise a separate digital executor, but you can name someone in your will to take the lead on digital matters, or give your main executor written instructions. Pick someone comfortable with technology and trustworthy with private information.
- Store access information securely and separately. Never put passwords, seed phrases or PINs in the will itself, because wills can become public after probate. Instead use a reputable password manager with an emergency access feature, or a sealed letter of wishes kept with your will, and tell your executor how to reach it.
Common questions
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Common questions
Q Can I just list my passwords in my will?
No, and doing so is risky. Once a grant of probate is issued, the will can be inspected by members of the public, which would expose every password you listed. Keep credentials out of the will itself. Instead, use a password manager with an emergency access feature or leave a sealed letter of wishes alongside your will, and tell your executors how to find it.
Q Does my family automatically inherit my cryptocurrency?
Not in any practical sense. Crypto is only accessible through the private key or seed phrase, and if no one has those, the coins are effectively lost forever. HMRC still treats crypto as part of your estate for inheritance tax purposes, so value can be taxed even if your family cannot reach it. Recording how to access your wallets safely is essential.
Q What happens to my social media accounts when I die?
Each platform sets its own rules. Some allow an account to be memorialised, some let a named contact manage a limited version of the profile, and others simply close the account on request with a death certificate. Check the current policy for the platforms you use and note your preference, such as memorialise or delete, in your letter of wishes.
Q Is a digital executor a legal role in the UK?
Not as a separate, formal appointment. In England and Wales your executors handle the whole estate, digital and physical. You can, however, name someone in your will as the person to take the lead on digital matters, or give written instructions to your main executor. The practical effect is the same as long as the wording is clear.
Q Can I leave my iTunes or Kindle library to my children?
Usually not. Most large media platforms sell you a personal licence to use the content, not ownership of it, and those licences typically end on death. You can leave the devices themselves, and any files you genuinely own and have downloaded, but the wider cloud library often cannot be transferred. It is worth checking each platform's current terms.
Q Do digital assets count for inheritance tax?
Yes, anything with monetary value forms part of your estate for inheritance tax. That includes crypto holdings, balances in online payment accounts, domain portfolios, and income-generating channels or websites. Valuing them can be tricky, especially for volatile assets, so keeping a recent record of holdings helps your executors produce accurate figures for HMRC.
Q Should I update my will if I buy new digital assets?
You do not usually need to rewrite the will each time, provided it covers digital assets in general terms. What you should update is your separate inventory and letter of wishes, so your executors always have a current picture of what exists and how to access it. Review both at least once a year.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- LegislationWills Act 1837legislation.gov.uk
- Guidance · UK GovMake a will (gov.uk)gov.uk
- Guidance · UK GovInheritance Tax (gov.uk)gov.uk
- Guidance · HMRCCryptoassets Manual (HMRC)gov.uk
Legal helpline
Unsure how to handle your digital life in your will?
Digital assets sit awkwardly between ownership, licence and privacy, and what works for crypto is not what works for family photos or a social profile. An experienced legal adviser can talk through your specific situation on the phone and help you think through what to include, based on what you describe.
- Plain-English answers to your specific questions about digital assets
- Practical perspective on how to record and pass on what you own
- Clarity on what your executors can and cannot do with online accounts
- A clearer view of your next steps before you draft or update your will
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.