Most people understand the importance of making a will, but far fewer think about their online life. Photos, social media, digital banking, cryptocurrency, and cloud storage are all part of everyday living now, these are known as digital assets, and including them in your estate plan is becoming essential. More and more people are realising they need to deal with digital assets in wills to make sure nothing valuable or important is lost after death.
What Are Digital Assets?
Digital assets are anything stored or used online that has value to you, whether financial or sentimental. Think about your email, online banking, cryptocurrency, or even your music library. It also includes social media profiles, websites, blogs, and cloud drives filled with family photos.
Some assets, like crypto or domain names, can be worth thousands of pounds, others hold deep personal value, even if they have no financial worth, either way, your executors can only manage them if you plan ahead.
Why They Matter in Estate Planning
You might assume your family can simply log into your accounts and sort things out when you die. Unfortunately, it’s rarely that simple. Many companies block access to personal data under privacy laws, and without login details, executors often have no authority to retrieve or manage these accounts.
A few platforms, like Facebook or Google, let you set up legacy or inactive account managers. Others don’t. Without preparation, photos, business content, or cryptocurrency could disappear or remain locked forever. That’s why it’s crucial to make digital assets part of your will and wider estate planning.
The Legal Position in Scotland
Under Scots law, digital assets form part of your “moveable estate.” That means they can be inherited like money in a bank account or shares in a company. But the challenge is often not ownership, it’s access.
Your executor might have the legal right to manage your assets, but online providers still control access through their own terms and conditions. For example, an executor may own the cryptocurrency in a digital wallet but won’t be able to retrieve it without the private key.
This is one of the biggest problems with digital assets in wills. Executors inherit them in theory but can’t use them in practice if the details aren’t set out clearly.
How to Include Digital Assets in Your Will
The best place to start is with a list. Write down what you have online, bank accounts, crypto holdings, websites, social media, or subscriptions. Make sure your executors know these exist.
You shouldn’t list passwords directly in your will, as it becomes a public document once probate is granted. Instead, store that information safely, such as in an encrypted password manager, and leave access instructions in a sealed note or a separate “letter of wishes.”
Your will should include a clause giving your executors clear authority to deal with your digital property. That includes accessing, transferring, or closing accounts and retrieving data when necessary. This avoids confusion and helps service providers know your executor has permission.
Dealing With Cryptocurrency and NFTs
Digital currencies and other blockchain assets need extra attention. Access depends on private keys or recovery phrases. Without them, the funds are lost forever. There’s no central bank or recovery process.
If you hold crypto, make sure your executor knows where and how to find the relevant keys. Keep them securely, ideally offline, in a cold wallet or encrypted file. You might also want to leave guidance on whether you’d like these assets held, sold, or transferred.
Managing Privacy and Personal Data
Not everything online needs to be kept or shared. You may want certain accounts deleted or information kept private. Executors are responsible for managing your estate, but you can guide them on what to delete, what to preserve, and what to pass on.
It’s also wise to check the terms of your major online services. Apple, Google, and Meta now allow you to nominate trusted contacts or legacy managers who can act after death. Setting these up takes minutes but can save a lot of heartache later.
Keeping Plans Up to Date
Digital lives change quickly. New apps, new investments, new passwords, it’s easy for things to become outdated. Reviewing your list every year, or whenever something big changes, is the best way to keep things accurate. Executors can only act on what they know about, so keeping your plan up to date avoids missed accounts or assets.
If you buy new crypto, open new platforms, or start an online business, add those details to your records straight away. It takes minutes and could protect valuable assets later.
Why Good Advice Matters
Writing a will already involves legal detail, but adding digital assets makes it even more complex. Scots law recognises these assets as property, but practical access depends on preparation and clear authority. A solicitor can help you include proper wording in your will so executors can manage your online accounts legally and effectively.
It’s also a good idea to talk through any data protection concerns or international issues, especially if your online accounts are registered outside the UK.
Final Thoughts
Our lives are increasingly digital, and ignoring that part of your estate can leave a mess behind. By thinking carefully about digital assets in wills, you make it easier for loved ones to protect your memories, access your funds, and close accounts respectfully.
In Scotland, digital assets are treated like any other part of your estate, but only good planning gives executors the access they need. Taking the time to organise your online information today can save your family from stress tomorrow, and make sure nothing truly valuable disappears into the digital void.