The evolution of the digital and media world has thrown up a real dilemma for many when administering the estate of a loved one. Bizarrely an Executor does not have permission to access passwords and security information from third parties. This has created some confusion and, in some cases, upset where a deceased person’s digital footprint remains active. This is where digital assets clauses in a Will come in.

We are now stressing the importance of including in your Will provision for your digital asset to essentially provide instructions to your Executors which allows them to transfer digital accounts/assets following your death.  This also can include any digital assets with a monetary or sentimental value.  We all have seen the rise of the bitcoin over recent years.

What Are Digital Assets in Wills?

Digital assets are essentially any accounts that you open online, including email, social networking, photo sharing and, websites/domains that you own.  This also includes any items stored on your computer or online accounts.  The following are examples of this:-

• Photographs
• Word documents
• Family videos
• Emails
• Instant messages
• Spreadsheets
• All other property which that you create and/or store digitally

Most of the above will be password-protected and you will most likely be the only person with access.

Why Should I Add a Digital Assets Clause Within My Will?

Some of your digital assets may hold a monetary value, this would include the following:-

• PayPal
• Bitcoins
• Digital intellectual property

Therefore it would be prudent to include digital assets clauses in a will detailing how you would like these assets to be dealt with.

It is likely that you may have some kind of social media account, for example, Facebook. This platform collects a significant amount of personal information, and it will be stored indefinitely unless you provide clear instructions on how you’d like it managed. These platforms often face security attacks, which can lead to your information being leaked.

You may wish to keep an inventory of your digital assets.  There are organisations such as Asettlock and Legacy Locker that can safely store all your usernames and passwords. With these, you are able to nominate a person to have access to the same following your death only.

Some people can be wary of such online sites so an alternative is to keep a written list in a safe place.  These details/list should not be included within your Will as once a Grant has been applied for your Will becomes a public document.  You can of course keep the list stored alongside your Will.

What Do I Need to Consider When Adding a Digital Assets Clause Within My Will?

To enhance your Will, consider including a clause that grants your executors access to your digital assets. Clearly outline how you want your online presence managed after your passing. This proactive approach ensures your wishes are honored and your digital legacy is preserved. You can also decide who you would like to benefit from any digital assets which have a monetary/sentimental value.

You are also able to instruct your executors to either shut down any social media accounts or whether you would like them to be ‘memorialised’.  We would always recommend that if you choose to include your digital assets in your Will you appoint an executor who is familiar with digital assets/social media.  Alternatively, you can appoint a separate ‘digital executor’ to act solely in relation to this element.

Wills Solicitors in Sheffield and Barnsley

For help and advice in the preparation and drafting of your Will, please get in touch with our Wills & Probate department on 0114 698 1033 or email us at willenquiries@bestsolicitorsonline.co.uk