How to Handle Digital Assets in Wills
How to Handle Digital Assets in Wills
February 10, 2024
How to Handle Digital Assets in Wills

In today’s digital age, our lives are intertwined with technology in more ways than ever before. We communicate, shop, bank, and even create art and memories in digital spaces. As this digital footprint grows, it’s essential to consider how these digital assets will be handled when we’re no longer here. Estate planning, traditionally focused on physical assets, must now adapt to encompass the realm of digital assets.

In this article, we will explore the intricacies of handling digital assets in wills, ensuring that your online presence and digital wealth are passed on according to your wishes.

Understanding Digital Assets

Before delving into the specifics of handling digital assets in wills, it’s crucial to understand what digital assets encompass. Digital assets refer to any content, accounts, or property that exist in a digital format and have value. They can be divided into various categories:

1. Financial Assets: These include cryptocurrencies like Bitcoin, online banking and investment accounts, and digital payment wallets.

2. Intellectual Property: Digital assets also encompass intellectual property such as e-books, music, art, and even domain names.

3. Online Accounts: Social media accounts, email accounts, and online storage accounts (like Dropbox or Google Drive) fall into this category.

4. Digital Records: Any digital records of ownership, contracts, or important documents stored electronically are digital assets.

5. Hardware Devices: Digital assets can also include hardware devices like computers, smartphones, and external hard drives.

The growing importance of digital assets in our lives means that they must be considered in estate planning to ensure a smooth transition of ownership and access when the time comes.

The Legal Landscape

The legal framework surrounding digital assets in wills is continually evolving to keep pace with technological advancements. However, the laws governing digital assets can vary significantly from one jurisdiction to another. Therefore, it’s essential to consider both your local and national legal requirements when including digital assets in your estate planning.

Moreover, the terminology used in legal documents may not always encompass the specificity of digital assets. This highlights the importance of working closely with legal professionals who are well-versed in the latest developments in digital asset legislation.

Identifying Your Digital Assets

The first step in handling digital assets in your will is identifying what those assets are. Often, these assets can be overlooked, as they are intangible and may not hold apparent monetary value. Here are some common types of digital assets to consider:

  • Cryptocurrency: If you hold cryptocurrencies like Bitcoin or Ethereum, you need to account for them. These assets can be valuable and must be properly managed in your estate plan.
  • Social Media Accounts: Your presence on platforms like Facebook, Twitter, and Instagram may hold sentimental or even commercial value. Determine what you want to happen to these accounts after you’re gone.
  • Email Accounts: Your email accounts might contain important communications, records, or even accounts for other digital assets. Consider who should have access.
  • Digital Photos and Media: With the advent of smartphones, most of us have vast collections of photos and videos. These are digital assets with both sentimental and sometimes commercial value.
  • Online Banking and Payment Services: If you conduct financial transactions online, you’ll want to ensure your accounts are properly managed.
  • Digital Records and Documents: Consider any valuable documents or records stored digitally, such as contracts, intellectual property, or online subscriptions.
  • Hardware Devices: The physical devices you use to access your digital assets, like computers and smartphones, should also be considered.

Once you’ve identified your digital assets, you can then determine how each one should be managed or passed on.

Access and Password Management

Access to your digital assets is crucial for their proper management. However, sharing passwords and access information without proper security measures can be risky. Here are some best practices:

  • Use a Password Manager: Consider using a reputable password manager to store and securely share access information with trusted individuals.
  • Secure Storage: Store access information in a secure physical location, such as a safe, along with your will and other important documents.
  • Digital Executor: Appoint a digital executor, someone you trust to manage your digital assets, and provide them with access information and instructions.
  • Update Regularly: Keep your access information and passwords up-to-date, especially if you change passwords or use two-factor authentication.
  • Encryption: Consider encrypting sensitive information to protect it from unauthorized access.

Digital Executors

Appointing a digital executor is a crucial step in ensuring that your digital assets are managed according to your wishes. This individual should be someone you trust implicitly and who is technologically savvy. Their responsibilities may include:

  • Access and Management: Your digital executor should have access to your digital assets and be capable of managing them according to your instructions.
  • Data Protection: They should ensure that sensitive data is protected, complying with any legal requirements and your preferences.
  • Digital Inventory: Create a detailed inventory of your digital assets and their locations, and provide this information to your digital executor.
  • Communication: Your digital executor should be in communication with your legal executor to coordinate the management of your entire estate.

Appointing a digital executor ensures that someone knowledgeable and trustworthy can manage your digital legacy effectively.

Drafting a Digital Asset Clause

Including digital assets in your will requires a specific digital asset clause. This clause should be carefully crafted to address your unique situation and intentions. When drafting this clause:

  • Be Specific: Clearly specify which digital assets are included and how you want them to be managed or distributed.
  • Access Information: Provide access information and instructions for each digital asset.
  • Succession: Determine who should inherit or manage your digital assets, whether it’s a family member, friend, or a trusted entity.
  • Contingencies: Consider different scenarios, such as if the designated beneficiary can’t be reached or if a digital asset is no longer available.
  • Regular Updates: Like your will, your digital asset clause should be updated as your circumstances change or new digital assets are acquired.

Your digital asset clause is a crucial component of your will, ensuring that your digital assets are managed according to your precise wishes.

Cryptocurrency and Blockchain Assets

Cryptocurrency, with its unique characteristics and security measures, requires special attention in estate planning. Some considerations for including cryptocurrency in your will are:

  • Private Keys: Specify how your cryptocurrency private keys will be accessed and managed. This might involve a digital wallet or a secure hardware device.
  • Backup and Recovery: Plan for the possibility of lost private keys by detailing backup and recovery processes.
  • Tax Implications: Be aware of the tax implications of cryptocurrency inheritance in your jurisdiction and account for them in your estate planning.
  • Instructions to Beneficiaries: Provide clear instructions to your beneficiaries on how to access and manage the inherited cryptocurrency.
  • Regular Updates: Given the volatile nature of the cryptocurrency market, it’s essential to update your cryptocurrency-related instructions regularly.

Social Media and Online Accounts

Dealing with social media and online accounts in estate planning can be complex. Here’s how you can approach this:

  • Memorialisation: Some platforms allow accounts to be memorialized, preserving them as a tribute to the deceased.
  • Deactivation: Specify whether you want your social media accounts to be deactivated, allowing them to be permanently deleted.
  • Content Preservation: Consider whether you want specific content, such as photos or messages, to be preserved or transferred to family members.
  • Access: Provide instructions on how your digital executor or loved ones can access and manage your social media accounts.
  • Data Protection: Ensure that any sensitive information or conversations on these platforms is handled securely and in compliance with the platform’s policies.

Data Protection and Security

Safeguarding your digital assets also involves data protection and security measures. Here are some considerations:

  • Encryption: Encrypt sensitive information to protect it from unauthorized access. Consider encrypting your digital inventory and access information.
  • Secure Storage: Store physical copies of access information and passwords in a secure location, like a safe or bank deposit box.
  • Digital Vaults: Some services offer digital vaults for securely storing access information and documents. Explore these options.
  • Legal Compliance: Ensure that your digital asset management and protection measures comply with local and national laws.

Regularly Updating Your Digital Will

Just as you would update your traditional will to reflect changes in your life, your digital will requires regular updates. Technology evolves rapidly, and new digital assets may emerge. Here’s why updating your digital will is essential:

  • Changes in Digital Assets: You may acquire new digital assets or close existing accounts. Updating your digital will ensures that all your digital assets are accounted for.
  • Changes in Access Information: Passwords change, and security measures may be updated. Keeping your digital will current ensures that your digital executor has the right access information.
  • Changes in Laws and Regulations: Digital asset laws may change, affecting how your assets are handled. Regular updates help you remain compliant with current regulations.
  • Peace of Mind: Knowing that your digital legacy is up to date and well-managed can provide peace of mind for you and your loved ones.

Final Thoughts

In our increasingly digital world, estate planning must encompass the management and distribution of digital assets. Failing to address these assets can lead to complications, loss of wealth, and disputes among heirs.

By understanding what constitutes a digital asset, working within the legal landscape, identifying and managing your assets, and crafting a well-thought-out digital asset clause in your will, you can ensure that your digital legacy is handled according to your wishes.

Appointing a digital executor and regularly updating your digital will further enhance your estate planning, providing clarity and security for your digital assets in the future.

At Ignify Legal, our experienced lawyers are ready to guide you through the estate planning process, ensuring that your will and estate are legally sound, transparent and in the best interests of all concerned. Your family and loved ones deserve the expertise and support that Ignify Legal provides.

Please call us today at (02) 8319 1032 or submit an online enquiry.

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