Digital Assets and Estate Planning: What You Need to Know

Digital Assets and Estate Planning: What You Need to Know

In today’s increasingly digital world, many individuals possess valuable digital assets and maintain a significant online presence. This creates a new dimension for estate planning, as traditional will writing may not account for the diverse range of digital accounts and assets held by individuals, such as online banking details, social media accounts, email accounts, and cryptocurrencies. Addressing digital assets in estate planning is crucial, as it not only ensures the accurate distribution of these digital assets but also the protection of an individual’s personal online privacy and security.

In this guide, we will explore the importance of incorporating digital assets into your will and estate planning strategy in England and Wales. We will detail the various types of digital assets to consider when crafting your will, including monetary assets, digital collections, intellectual property, and various online accounts. Additionally, we will discuss the vital role professional will-writing services play in navigating the complexities of incorporating digital assets into your will alongside legislation and regulations governing the digital realm.

With expert guidance from Sovereign Planning’s will writing professionals, you’ll gain valuable insights into effectively planning for your digital assets within your will, ensuring a comprehensive estate plan that covers both your tangible and intangible belongings. Trust Sovereign Planning’s wealth of expertise to guide you through this ever-evolving aspect of estate planning and ensure the protection and accurate distribution of your digital assets.

Understanding the Scope of Digital Assets

When planning for the inclusion of digital assets in your will, it is vital first to identify and categorise the various types of digital assets and online accounts you possess:

1. Monetary Assets: Online accounts with financial value, such as bank accounts, investment portfolios, and cryptocurrencies like Bitcoin or Ethereum.

2. Digital Collections: Digitally stored music, films, ebooks, and video games, as well as photographs and other digital memorabilia.

3. Intellectual Property: Digital assets encompassing intellectual property rights, such as copyrighted or trademarked materials, blogs, websites, or domain names.

4. Online Accounts: Various personal and professional social media profiles, email accounts, and digital subscriptions or memberships.

Crucial Steps to Incorporate Digital Assets into Your Will

Ensuring a comprehensive estate plan that covers your digital assets requires a strategic approach to will writing:

1. Create a Digital Asset Inventory: Begin by compiling a detailed list of your digital assets and online accounts. This inventory should include relevant login details, passwords, and security information that will enable your appointed executor or digital trustee to access and manage your accounts following your passing.

2. Appoint a Digital Trustee or Executor: Select a trusted individual to manage your digital assets upon your death. This person should be digitally savvy and comfortable navigating the online landscape to protect your online privacy and distribute your digital assets according to your wishes.

3. Specify Your Wishes for Each Digital Asset: In your will, provide clear instructions for how you wish each digital asset to be managed after your passing. This may include instructions for transferring ownership, deleting accounts or files, or preserving particular assets for sentimental reasons.

4. Update Your Will Regularly: As the digital landscape evolves and your online presence and digital assets change, it is crucial to ensure that your will remains up-to-date. Regularly update your will to account for additions or deletions of digital assets and accounts.

The Role of Professional Will Writing Services in Digital Estate Planning

Navigating the complexities of including digital assets in your will demands professional support:

1. Expert Advice: Professional will writers possess the requisite knowledge and expertise to advise on the most effective strategies for incorporating digital assets into your will. They can guide you through the process of creating a comprehensive estate plan that protects both your tangible and intangible assets.

2. Legally Sound Documents: By partnering with professional will writing services, you can ensure that your estate plan covers digital assets and is legally valid under current legislation and regulations. This minimises the potential for disputes following your passing and helps ensure your wishes are respected and executed.

3. Ongoing Support: Digital estate planning is an evolving field, making the support of professional will-writing services invaluable. Access regular updates, advice, and support from will-writing experts to ensure that your estate plan remains current and effective as the digital environment changes.

The Importance of Considering Legislation and Regulations

Your estate plan must align with the legislation and regulations governing digital assets in England and Wales:

1. The Computer Misuse Act 1990: This Act outlines potential criminal offences related to the unauthorised access or modification of data stored on computer systems. Your digital executor must act within the confines of the law when dealing with your digital assets to avoid breaches of the Act.

2. The Data Protection Act 2018: This legislation, which implements the EU General Data Protection Regulation (GDPR), imposes rules for the collection, storage, and processing of personal data. Guidelines must be adhered to when managing digital assets containing personal data.

3. The legal classification of digital assets may vary depending on the asset’s nature, region, or platform that hosts them. Professional will writers can provide updated information on the legal landscape surrounding digital assets and help navigate potential jurisdictional issues when incorporating such assets into your will.


The integration of digital assets into your will and estate plan ensures that you have a comprehensive and effective strategy for managing and distributing your digital assets and online accounts after your death. This not only secures your online privacy and safeguards vital personal data but also protects the financial value and sentimental importance of your digital assets for the benefit of your loved ones.

Through expert guidance and support from Sovereign Planning’s professional will-writing services, you can navigate the complexities of digital estate planning with confidence, ensuring the protection and management of your digital assets in line with your wishes and current legislation. Take the first step towards securing your digital legacy today by reaching out to our dedicated team of will-writing professionals.

Safeguard your digital assets with a professional will-writing service from Sovereign Planning, the experts in digital estate planning in England and Wales. Our knowledgeable team provides tailored advice and assistance to ensure the accurate distribution and protection of your online possessions and privacy. Contact us today for a professional will writing service you can rely on.

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