How to Include Digital Media in a Will

In the digital era, many people own not just physical assets but a broad range of digital media and online accounts. These can include everything from treasured photo libraries to email accounts, social media profiles, online banking, cryptocurrency and cloud‑stored data. Unless you make specific provision for digital media in your will, executors may struggle to locate or manage these assets after you die. This guide explains what digital media and digital assets are, how they interact with the law in England and Wales, and practical steps you can take so your wishes are carried out effectively. 

What Counts as Digital Media and Digital Assets?

There is no single statutory definition of a digital asset in UK law, but legal and estate planning resources describe digital media broadly as electronic content and accounts you control and value, whether emotionally or financially. Examples include: 

• Email accounts and cloud‑stored files (photos, videos, documents)
• Online payment accounts and digital wallets
• Cryptocurrency and tokenised assets
• Social media profiles (Facebook, Instagram, Twitter)
• Digital music, e‑books and media libraries
• Blogs, websites and domain names
• Gaming accounts and online services

Some digital media have monetary value (for example cryptocurrency or online funds) while others are valued for their emotional or informational significance (such as photos and correspondence). 

Why Digital Media Should Be Addressed in a Will

Digital assets do not disappear when someone dies; they form part of the deceased's estate. If they are not identified and directed, they may be:

• Inaccessible because executors lack account details or legal authority.
• Lost because online providers close accounts on inactivity or per their terms.
• Inadvertently deleted by executors unaware of their existence.
• Distributed differently from your intentions if treated as part of the residuary estate. 

Platforms have varying rules about access after death. Even if you name a beneficiary in your will, some online services (such as social networks or cloud providers) require further authorisation or specific legacy settings to permit access. 

Legal Framework in England and Wales

Digital media and digital assets are treated as part of your estate for inheritance and probate purposes. However, the ability to transfer or access them is governed by a combination of:

• Contractual terms of service with each provider (for example, social media or cloud storage).
• Property rights and licences (some digital content, like e‑books or music, may be licensed rather than owned).
• Criminal law (such as the Computer Misuse Act 1990, which makes unauthorised access to computer material an offence).
• Estate administration law, which expects executors to collect, value and distribute all estate assets. 

Because wills become public records once probate is granted, sensitive information (such as passwords or private keys) should not be included directly in the will. Instead, estate planning professionals recommend secure, separate documentation. 

How to Include Digital Media in Your Will

1. Identify and Categorise Digital Assets

Create a comprehensive list of your digital media and accounts. This digital inventory should include:

• Service name or platform
• Type of account or content
• Approximate value (if financial)
• Location (device, cloud account, wallet)
• Any access instructions or hints for keys or passwords

Keep this inventory in a secure document separate from your will - for example, in a sealed letter of wishes or managed through a password manager. Do not place sensitive login details in the will itself, as wills become public documents during probate. 

2. Include a Digital Assets Clause in the Will

While you should not include passwords or private keys in the will, you can include a clause that:

• Defines what you mean by digital media and digital assets.
• Gives your executors clear legal authority to access, manage, close, or transfer digital accounts.
• References your digital inventory or a letter of wishes that contains access instructions.

Clear wording in the will helps ensure executors understand their authority and responsibilities when dealing with digital media and potential restrictions imposed by providers. 

3. Appoint a Digital Executor (Optional)

In addition to your traditional executor, consider naming a digital executor - someone with technical understanding who can handle digital estate matters, especially where complex assets like cryptocurrency or online businesses are involved. This appointment can be made within the will or in a separate letter of wishes. 

4. Provide Clear Instructions for Individual Accounts

For each digital medium or account, consider whether you:

• Want a specific beneficiary to receive control
• Prefer the account to be closed or memorialised
• Wish data to be archived or deleted

Different platforms have bespoke procedures for post‑death management. For example, some social media services allow nomination of a legacy contact who can manage certain aspects of the deceased's profile. 

5. Review and Update Regularly

Because digital media evolves rapidly - with new platforms, services and devices emerging - review your list and instructions regularly and update your will or letter of wishes accordingly. Changes in account terms of service or ownership structures can affect how assets can be passed on. 

Practical and Legal Considerations

Access and Provider Policies

Many service providers restrict access to accounts after death, even if a will directs otherwise. Obtain information from each provider about their post‑death policies and legacy options, and include this guidance with your estate plan. 

Licences vs Ownership

Digitally purchased media (e‑books, films, music) may be licensed rather than owned. Licences often expire on death and may not be transferable, regardless of what your will states. In such cases, executors may instead preserve copies or extract content where permitted. 

Criminal Law Compliance

Executors should avoid breaching the Computer Misuse Act 1990 or data protection regulations when seeking access. A properly drafted digital assets clause and documented consent from the testator helps provide legal authority. 

Valuation for Probate and Tax

Digital assets with monetary value - such as cryptocurrency, online investment accounts or balances - must be identified and valued as part of the estate for probate and Inheritance Tax purposes. Executors should retain evidence of valuation at the date of death. 

Common Questions

Can I include online passwords in my will?
No. Because wills are public documents after probate, sensitive information like passwords or private keys should be kept in separate secure documentation. 

What happens if I don't mention digital media in my will?
Absent specific directions, digital assets may pass as part of the residuary estate or be inaccessible, forgotten or closed under provider terms. 

Can executors access all digital accounts?
Not automatically. Provider policies and contractual terms determine what can be accessed. You may need specific authority in your will and evidence of entitlement. 

Key Takeaways

Digital media and online assets are increasingly important parts of modern estates. To include digital media in a will in England and Wales:

• Identify and catalogue your digital accounts and assets.
• Include a digital assets clause to authorise executors.
• Use secure documentation for access details separate from the will.
• Consider appointing a digital executor for complex assets.
• Update your instructions regularly as your digital footprint evolves.

Clear planning ensures your digital legacy is managed according to your wishes and reduces uncertainty for executors and beneficiaries.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.