This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide on how to include digital accounts and assets in a will for individuals in England and Wales. Learn how to prepare a digital inventory, appoint a digital executor, draft a digital assets clause, address service‑specific limitations and manage online accounts and financial digital property as part of estate administration.
Digital accounts and assets have become a significant part of modern life. From email and social media profiles to online banking, cryptocurrency and cloud storage, many people accumulate digital property that may continue to exist after death. Addressing these digital assets as part of estate planning ensures executors and loved ones know what exists, how to access it and what should happen to it. Under the laws of England and Wales, digital assets may form part of a deceased person's estate and can be included in wills, but doing so requires careful drafting and awareness of legal and practical issues. This article explains how to include digital accounts in a will, what types of digital assets should be considered, legal limitations, and the practical steps executors and personal representatives need to take when administering a digital estate.
What Counts as a Digital Account or Asset?
Digital accounts and assets cover a wide spectrum of online and electronic property. Not all of these will be transferable on death, but they may require instructions:
- Financial digital assets: Cryptocurrencies (such as Bitcoin), online payment accounts, e‑money platforms and online investment accounts.
- Personal digital accounts: Email, social media (e.g. Facebook, Instagram), cloud storage containing photos or personal data, and digital documents.
- Digital property and licences: Domain names, digital shops, websites or digital intellectual property, and licensed downloadable content such as e‑books or music.
- Online services and subscriptions: Accounts such as Netflix or gaming services where ongoing access or closure may be required.
Some of these assets have market value and should be treated similarly to traditional assets for estate administration and tax purposes, while others hold sentimental value and require clear instructions on access or deletion.
Legal Recognition of Digital Accounts in a Will
Digital assets are increasingly recognised as part of a person's estate in England and Wales, but the law has not fully codified how all such assets should be treated. Executors and personal representatives generally have authority to deal with whatever assets are included in the estate, but access to specific accounts often depends on the service provider's terms and conditions, not solely on the will.
A critical legal constraint arises from the Computer Misuse Act 1990, which makes unauthorised access to computer material an offence. Without clear legal authorisation in your will, executors may lack the authority to access digital accounts on your behalf, because many online platforms require explicit consent or legal evidence of entitlement before granting access.
For many providers, possession of a death certificate and express legal authority from the will is necessary before they will modify, close or grant access to an account. Where a will is silent on digital accounts, executors may need to seek separate legal confirmation or follow each provider's specific post‑death access procedure.
Practical Steps to Include Digital Accounts in a Will
1. Prepare a Digital Inventory
Before drafting your will, compile a comprehensive list of all digital accounts and assets. This inventory should include:
- The name of the service or platform
- The type of account or asset
- Username or identifying information (but not passwords)
- Whether it has monetary, sentimental or business value
Keep this inventory secure and update it regularly as you open or close accounts. The inventory can be referenced in your will or in an accompanying document.
2. Appoint a Digital Executor
A traditional executor manages all aspects of estate administration. However, you may wish to name a digital executor - someone specifically responsible for managing digital assets. This person should be trusted and familiar with your digital life. Their legal authority to act should be granted in the will through clear wording.
3. Include a Digital Assets Clause in the Will
Your will should contain a clause that:
- Defines what constitutes your digital accounts and assets
- Authorises your executor (or digital executor) to access, manage, close, transfer or delete accounts in accordance with your wishes
- Refers to your separate digital inventory or instructions
Avoid including passwords, PINs, seed phrases for cryptocurrency wallets or other sensitive access details in the will itself, because wills become public documents once probate is granted. Instead, store this information securely and instruct your executors where to find it.
4. Provide Clear Instructions for Each Asset
For each digital item, decide and record how you want it handled on death. Examples include:
- Transfer to a named beneficiary
- Close the account or service
- Archive or memorialise content (e.g., social media profiles that support this feature)
- Delete data securely
These instructions can form part of your will or a referenced letter of wishes, which executors can review when administering the estate.
Limitations and Service Provider Policies
Even with clear instructions in a will, the practical handling of digital accounts depends on service provider policies. Many online services prohibit transfer of accounts, treat licences as non‑transferable or limit post‑death options:
- Social media and email platforms often have dedicated “legacy” or post‑death management systems, but these are provider‑specific and may not allow full access.
- Licensed digital content such as e‑books, software and music may not transfer because users typically hold licences, not ownership rights.
- Cloud storage and personal communications are governed by privacy contracts and data protection rules, meaning executors may have limited rights to access content without the provider's consent.
For digital assets that cannot be transferred under service terms, a will can still provide guidance on whether accounts should be closed, memorialised or data exported where permitted.
Tax, Valuation and Estate Administration
Digital assets with financial value - such as cryptocurrency, online payment accounts, loyalty points or monetised websites - are typically included in the deceased's estate for Inheritance Tax and probate purposes. Executors must identify and value these assets at the date of death, obtain evidence of value, and include them in the estate accounts submitted to HM Revenue & Customs and the court.
Non‑financial digital items with sentimental value do not usually need valuation, but they still form part of the estate that the executor must consider when administering the will.
Common Questions About Digital Accounts in Wills
Can I leave digital accounts directly to a beneficiary?
Yes, you can instruct in your will that specific digital assets or accounts pass to a named person upon your death, provided they are legally transferable and the service provider's terms permit it.
Should passwords be in the will?
No. Because wills become public documents once they enter probate, passwords, PINs, seed phrases and similar sensitive information should not be included. These should be stored securely and separately, with instructions on where they can be accessed by your executor.
What if a service does not allow transfer on death?
In such cases, the will can instruct your executor to close the account or handle data in a way that aligns with your wishes - for example, deleting or archiving content - subject to platform policies.
Is legislation changing the legal status of digital assets?
Digital asset law is evolving, and recent discussions suggest increasing recognition of digital property rights under English law. However, current practice still relies on a combination of wills, service provider policies and probate procedures.
Key Takeaways
Including digital accounts in a will is a necessary part of modern estate planning. Digital assets can form part of the deceased's estate and may have monetary or sentimental value. To ensure your intentions are followed, prepare a detailed digital inventory, appoint an executor (or digital executor), and include a digital assets clause in your will that authorises your executor to manage these accounts in accordance with your wishes. Avoid placing sensitive access details directly in the will by storing them securely and referencing their location instead. Because service provider terms and privacy rules affect access after death, clear guidance and a separate letter of wishes can help executors administer your digital estate efficiently and in line with your expectations.
