How to protect digital assets in Wills & future planning

As more of our lives move online - from managing finances and storing cherished memories, to trading cryptocurrency and engaging on social media - digital assets are becoming an increasingly important part of Wills, Lasting Powers of Attorney (LPAs), and other future planning considerations.

At Owen White Catlin, we believe future planning should reflect the full picture of your life - not just your physical property, but also the digital footprints and assets that matter to you and your loved ones.

What are digital assets?

A digital asset is anything you own or manage electronically. These can include:

• Email and social media accounts
• Online banking and payment platforms (such as PayPal)
• Cryptocurrency wallets and NFTs
• Cloud storage (e.g. Google Drive, iCloud, Dropbox)
• Personal blogs or websites
• Digital photos, videos and music
• Online subscriptions and streaming services
• Software licences and domain names

Some of these may hold financial value; others carry deep personal or emotional significance. But without clear instructions, they can become inaccessible, lost, or even deleted, if you pass away or lose mental capacity.

Why digital assets matter in Wills and LPAs

Many people are unaware that digital assets aren’t automatically passed on or accessible after death. Companies like Apple, Google and Meta enforce strict privacy rules that can prevent even close family members or named executors from gaining access.

Without clear legal guidance in place, your loved ones could face distressing delays, lose valuable or sentimental data, or be unable to carry out your wishes regarding your digital estate.

By including digital assets in your Will and Financial LPA, you give the people you trust the authority to locate, manage, and protect your online legacy — ensuring it’s treated with the same care as your physical estate.

How to protect your digital assets

The legal landscape around digital inheritance is still evolving. However, there are several proactive steps you can take today to ensure your digital assets are accounted for:

1. Set up legacy contacts
   Many platforms, including Apple, Google and Meta, allow you to nominate a legacy contact - someone who can access your account after your death. People often choose their executor, but it can be anyone you trust.
2. Create a digital inventory
   Maintain a secure list of your online accounts and assets. Avoid listing passwords in your Will, as they often change. Instead, use a reputable password manager, encrypted file, or on physical paper stored securely.
3. Prioritise access to your mobile phone, computer(s) and other devices.
   Our devices are often the gateway to your digital world. Speak to your phone’s manufacturer (e.g. Apple, Samsung, etc) about any legacy access services they may offer, and ensure your devices are recorded in your digital inventory.
4. Create back up files
   Ensure you back up files that are particularly important or precious to you on an external hard drive. That way, photos, videos, documents and anything else on the hard drive can be directly accessed by whomever you wish, rather than risking a lengthy process with a service provider.
5. Reference digital assets in your Will
   While your Will doesn’t need to detail every asset, it should refer to your digital estate and nominate someone to manage it. You can also include a Memorandum of Instruction with more specific guidance and instructions.
6. Set up a Lasting Power of Attorney (LPA) for financial affairs
   An LPA enables someone you trust to manage your affairs - including digital accounts - if you lose mental capacity.
7. Review regularly
   Technology changes quickly. Review your digital inventory and access plans regularly to make sure they reflect any new platforms or updates to your wishes.

How we can help

At Owen White Catlin, we help individuals and families plan for the future with clarity, care and confidence, and that includes your digital life.

Whether you’re writing your first Will, updating an existing one, or setting up a Lasting Power of Attorney, our experienced solicitors will guide you through every step. We provide practical, personalised advice that reflects your wishes and protects everything that matters to you, both offline and online.