Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
The question of what happens to a person’s digital assets when they die is one that arises with increasing frequency as more of our financial and personal lives are conducted online. The legal position is in some respects unsettled, the practical challenges can be considerable, and most people have given very little thought to it. This article explains the main categories of digital asset, what happens to them on death, and what steps you can take to make the administration of your digital estate more straightforward for those who survive you.
What Are Digital Assets?
Digital assets cover a wide range of things. At one end of the spectrum are assets with clear financial value: online bank accounts, investment accounts, PayPal or similar payment accounts, and cryptocurrency holdings such as Bitcoin or Ethereum. These are assets in the traditional legal sense, and they form part of your estate in the same way as a bank account held in your own name.
At the other end are assets with sentimental rather than monetary value: the photographs in your cloud storage, the emails in your inbox, the contacts in your phone, and the messages in your social media accounts. There is also a middle category that is less clear cut: the value stored in a loyalty points account, a self-published book or music catalogue on a digital platform, or an established social media presence that generates income.
The Legal Position
Most digital accounts are governed by terms of service agreements that you agreed to when you created the account. Those terms typically provide that the account is personal to you and is not transferable. Many platforms explicitly state that accounts cannot be inherited. This means that even where a digital account has significant financial value, the legal right to access and deal with it may not automatically pass to your estate in the way that a traditional bank account would.
Cryptocurrency is a particular case. Holdings of cryptocurrency are an asset of your estate, but access to them is controlled by private keys, which are effectively passwords. If no one knows the private key and it has not been recorded anywhere accessible, the cryptocurrency may be permanently inaccessible regardless of its value. There is no bank to contact and no customer service team that can reset access. The asset exists but is effectively lost.
What You Can Do Now
The most practical step you can take is to create a clear and up-to-date record of your digital assets. This should cover all accounts with financial value, the usernames and account references for each, details of any cryptocurrency holdings and where the private keys are stored, and the location of any digital files with commercial value. This record should be kept securely, updated regularly, and made accessible to your executor.
For social media accounts, some platforms have specific processes for dealing with accounts following a death. Facebook allows you to designate a legacy contact who can manage certain aspects of your memorialised profile. Google allows you to set up an inactive account manager to specify what happens to your account after a period of inactivity. It is worth checking the settings of the platforms you use most and making use of whatever planning tools they provide.
Your will should include a reference to digital assets and give your executor the authority to deal with them, though the extent to which this overrides the platform’s own terms of service will depend on the specific platform. A separate letter of wishes, kept with your will but not forming part of it, is a useful way to provide your executor with practical information about your digital assets without including sensitive details such as passwords in a document that may be read by others.
If you would like advice on estate planning that takes account of your digital assets, our team at Cramp and Mullaney advises clients across London and the South East. We offer a fixed fee initial consultation.
Cramp & Mullaney LLP advises individuals and families across London and the South East on wills, lasting powers of attorney, probate and estate planning. If you would like to discuss your circumstances, please call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222, or email us at info@cmlaw.co.uk. We offer a fixed fee 30-minute initial consultation.
This article is for general information only and does not constitute legal advice. The law in this area can be complex and the right approach will depend on your individual circumstances. If you need specific advice, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
