Digital Estate Planning: What Happens to Your Digital Life When You Die?
Think about everything that exists in your digital world.
The photos on your phone. Your emails. Your social media accounts. Family videos stored in the cloud. Your online banking. Your subscriptions. Your website. Your cryptocurrency. Maybe even an online business.
Now imagine your family trying to work out what happens to all of it after you die.
Where are your photos stored?
What accounts do you have?
Which ones should be closed?
Which ones should be preserved?
Who should have access to your digital assets?
And how are they supposed to get into accounts that are protected by passwords, two-factor authentication and other security measures?
Welcome to the world of digital estate planning.
What is a digital estate?
Your digital estate is broadly the collection of digital assets, accounts, information and online presence you leave behind when you die.
It can include things such as:
emails and email accounts
social media accounts
photographs and videos
documents stored in cloud services
online banking and financial accounts
cryptocurrency and digital wallets
websites and domain names
online businesses
digital intellectual property
loyalty programs and rewards
subscriptions
online shopping accounts
music, movie and book libraries
gaming accounts and digital items
personal blogs and other online content.
Some of these things may have financial value. Others may have enormous sentimental value.
Your digital estate can be both.
Why does digital estate planning matter?
Most of us have accumulated an enormous amount of digital information without really thinking about what happens to it when we die.
We sign up for accounts, download apps, store photographs in the cloud and create passwords as we go.
Then life carries on.
The problem is that your family may not know what you have, where it is stored, or what you want to happen to it.
Your executor may know that you have a Gmail account, for example, but that doesn't automatically mean they can simply log in and read your emails.
Digital service providers have their own rules about what happens when an account holder dies. Some provide specific estate or legacy features. Others require evidence of death and authority before they will consider a request. Some may allow access to certain information, while others may only allow an account to be closed.
Apple, for example, allows users to nominate a Legacy Contact who can request access to certain data after their death using an access key and the required documentation. Google provides an Inactive Account Manager that allows users to decide what happens to certain account data after a period of inactivity.
This means your family may need more than your Will to deal with your digital life.
Does my Will cover my digital assets?
Your Will can form part of your digital estate plan, but it shouldn't be the only part.
In Queensland, your personal representative has powers and duties in relation to your estate. The Succession Act 1981 provides that a personal representative represents the deceased person's real and personal estate and has powers in relation to that estate, subject to the legislation and the terms of any grant. Personal representatives also have duties including collecting and getting in the estate and administering it according to law.
The complication is that a digital account isn't necessarily as simple as an item of property sitting in your name.
Your rights may depend on:
the nature of the digital asset
whether it has financial value
the terms and conditions of the service provider
privacy and access rules
whether another person owns or controls the account
whether the account contains information belonging to other people
whether you have made specific arrangements with the provider.
So, yes, your digital estate should be considered as part of your estate planning.
But your Will is only one piece of the puzzle.
What happens to your social media accounts when you die?
This depends on the platform and the arrangements you've made during your lifetime.
Facebook, for example, allows users to nominate a legacy contact. A legacy contact can perform certain functions on a memorialised account, but they cannot simply log in as the deceased person or read their private messages. Facebook also allows users to choose what happens to their account after death, including having it deleted.
Other platforms have different processes.
This is why it is worth thinking about your social media accounts before you die rather than assuming your executor or family will simply be able to take over.
You may want your account:
memorialised
deleted
preserved
managed in a particular way
left untouched.
Your wishes can be documented as part of your broader estate planning.
What happens to your photos and videos?
This is one of the areas where digital estate planning can become surprisingly emotional.
Think about the thousands of photos sitting on your phone or in your cloud storage.
Your family may desperately want access to them.
They may contain years of family memories, holidays, birthdays, videos of your children, messages from people you love and moments that can't be replaced.
But your family may not know where those files are stored or how to access them.
Apple's Legacy Contact feature is one example of a system designed specifically to help people plan for access to information stored in an Apple Account after death. Apple says a Legacy Contact can request access using the access key created by the account holder, together with the required documentation.
Google also provides Inactive Account Manager, which allows users to nominate trusted people and select certain account data to be shared if the account becomes inactive for a specified period.
These tools can be useful, but you still need to know what accounts you have and what you want to happen to them.
What happens to your emails?
Email accounts can contain an enormous amount of information.
They may contain:
personal correspondence
photographs
invoices
receipts
business information
contracts
family records
information about other digital accounts.
You may want your family to preserve some of that information and delete other parts.
Your executor may also need to identify emails relating to your financial affairs or business.
Access isn't necessarily as simple as handing over a password.
Google, for example, says it can work with immediate family members and representatives to close a deceased person's account and, in some circumstances, may provide content. It also states that it does not provide passwords or other login details.
That is another reason to plan ahead.
What about passwords?
This is where people often think, “I'll just leave my passwords in my Will.”
Generally, we don’t recommend putting your passwords in your Will.
A Will becomes a document that may need to be produced as part of the administration of your estate. Your passwords are also likely to change over time.
Instead, think about how your executor or another trusted person will be able to locate the information they need without compromising your security.
You might use a reputable password manager that provides an emergency or legacy access function.
You might also keep a separate record of your digital accounts and instructions, stored securely and kept up to date.
The important thing is that your executor knows that the information exists and where to find it.
We recommend you seek advice on password storage from an IT professional.
What should I include in my digital estate plan?
You don't need to create a 47-page inventory of every website you've ever visited.
Start with the things that matter.
Think about:
1. Your important digital accounts
Make a list of the accounts your family or executor may need to know about.
This could include:
email
cloud storage
social media
online banking
investment platforms
cryptocurrency
websites
online businesses
subscriptions
loyalty programs.
You don't necessarily need to record every login detail in the list. The first step is simply making sure someone knows the account exists.
2. Your digital assets
Consider whether you own anything digitally that has financial or intellectual value.
For example:
cryptocurrency
domain names
websites
digital businesses
online content that generates income
intellectual property
valuable digital collections.
These should be considered alongside your other estate assets.
3. Your digital memories
This is the sentimental stuff.
Where are your photographs?
Where are your videos?
What about family documents, letters, scanned photographs or other irreplaceable files?
Think about what your family would want to keep.
4. Your social media wishes
Do you want your accounts deleted?
Memorialised?
Preserved?
Is there someone you'd like to manage them?
Some platforms allow you to make these arrangements directly with the provider. Facebook and Google are examples of platforms with specific legacy or inactive-account tools.
5. Your instructions
Your family shouldn't have to guess what you want. You might want to leave instructions about:
what should be kept
what should be deleted
what should be shared
who should manage accounts
which photographs or files are especially important
what should happen to your social media presence.
This is where a Letter of Wishes or separate estate-planning record can be useful.
Should I put my digital assets in my Letter of Wishes?
A Letter of Wishes can be a useful place to record practical information and personal wishes for your executor, particularly where you want to explain how you would like your digital presence handled.
For example, you might say that you want your personal social media accounts deleted, your family photographs preserved, and your personal website retained for a period of time.
The important thing is to keep this information separate from your Will where appropriate and keep it updated.
Your executor needs to know where to find it.
What about digital assets that have financial value?
This is where digital estate planning becomes even more important.
If you own cryptocurrency, an online business, a monetised website, domain names or other digital assets with financial value, your executor needs to know about them.
Consider what information they would need to identify the asset and deal with it.
Cryptocurrency is a particularly obvious example. If your family doesn't know that you own cryptocurrency, they may never know to look for it. If they know you own it but cannot locate the wallet or understand how access is controlled, they may face a very different problem.
You should obtain appropriate financial and legal advice about your specific circumstances.
The same applies to an online business.
Your website, social media accounts, domain names, customer database, digital intellectual property and online payment systems may all form part of the business and need to be considered when planning for death or incapacity.
Don't forget digital assets during incapacity
Digital estate planning isn't only about death. Think about what would happen if you became unable to manage your own affairs.
Could someone you trust identify your important accounts?
Could they find your important documents?
Could they manage your online business?
Could they locate your family photographs?
This is one reason a complete estate plan considers both death and incapacity.
Your Will deals with what happens after your death.
Other documents, such as an Enduring Power of Attorney, can be relevant when you are alive but unable to make or communicate decisions yourself.
Your digital estate should be considered as part of that bigger picture.
Digital estate planning checklist
If you want to start getting your digital estate organised, begin with these questions:
What email accounts do I have?
Where are my photographs and videos stored?
What social media accounts do I have?
Do I own any websites or domain names?
Do I have cryptocurrency or digital wallets?
Do I own an online business?
Do I have valuable digital intellectual property?
What subscriptions and memberships do I have?
Which digital accounts have financial value?
Have I made any legacy arrangements with service providers?
Have I recorded what I want to happen to my social media accounts?
Does someone I trust know where my important digital information is stored?
Have I considered how my digital affairs would be managed if I lost capacity?
Have I told my executor where to find my digital asset information?
Have I reviewed my digital estate plan recently?
You don't need to do everything in one afternoon. Start with the things that would be hardest for your family to find or replace.
To Summarise
Your digital life is now a significant part of your life. That means it deserves a place in your estate planning.
Your Will is an important part of the process, but your digital estate may also require practical instructions, account-specific legacy arrangements, secure access information and a clear record of what you own and what you want to happen to it.
Most importantly, don't make your family guess.
Tell them what exists. Tell them where to find it. Tell them what matters to you. And tell them what you want to happen to it.
Because your digital legacy is still your legacy.
Frequently asked questions about digital estate planning
What is digital estate planning?
Digital estate planning is the process of identifying your digital assets and accounts and making arrangements for what should happen to them if you die or lose capacity. It can include financial assets, social media accounts, photographs, emails, websites, cryptocurrency, online businesses and other digital information.
Does a Will cover digital assets?
A Will can deal with assets that form part of your estate, including some digital assets. However, digital accounts are also subject to the terms and policies of the relevant service provider. Your Will should therefore be considered alongside practical instructions and account-specific arrangements.
What happens to social media accounts when you die?
It depends on the platform and the arrangements you've made. Some platforms provide memorialisation or legacy-contact features, while others have separate procedures for requests from family members or legal representatives. Facebook, for example, allows users to nominate a legacy contact and choose certain options for their account after death.
Should I put my passwords in my Will?
Generally, no. Passwords can change, and your Will is not an appropriate place to maintain sensitive login information. Consider using a secure password-management system or another secure method for storing access information, and make sure the appropriate person knows how to locate it.
What happens to my Google account when I die?
Google provides an Inactive Account Manager that allows you to nominate trusted contacts and choose certain information to share if your account becomes inactive for a specified period. Google also has a process for requests concerning deceased users.
What happens to my Apple account when I die?
Apple provides a Legacy Contact feature that allows you to nominate someone to request access to certain data after your death. The Legacy Contact uses an access key and required documentation to make the request.
What happens to my digital photos when I die?
It depends on where the photos are stored and the access arrangements for that service. Your family may need to make a request to the service provider or use a legacy-access arrangement. It is worth recording where your important photographs and videos are stored and what you want to happen to them.
What happens to cryptocurrency when I die?
Cryptocurrency should be considered as part of your estate planning. Your executor needs to know that it exists and have enough information to identify and deal with it. Access arrangements can be technically complex, so appropriate legal and financial advice should be obtained.
Do I need a digital executor?
There is no universal legal role that is automatically created simply by calling someone your “digital executor”. Your executor can have responsibilities in relation to estate assets, but dealing with digital accounts may also depend on the relevant provider's terms and procedures. You can nominate and instruct your executor about your digital affairs as part of your broader estate planning.
When should I review my digital estate plan?
Review it whenever your circumstances change and as your digital life changes. A new email account, cryptocurrency investment, online business, significant change in your social media presence or change in your preferred person to manage your digital affairs can all be reasons to update your records.
A note about this blog
This blog provides general information about digital estate planning in Australia and is not legal, financial or tax advice. Digital accounts and services are governed by their own terms and policies, which can change over time. The legal position can also depend on the nature of the asset and your individual circumstances.
If you need advice about how your digital assets and accounts fit into your estate plan, we recommend obtaining legal advice based on your individual circumstances.