terry jones
               
Shrewsbury, Abbey House 01743 285 888
Shrewsbury, Talbot House 01743 218 450
Syer House, Telford 01952 297 979
  • Home
  • About Us
    • Our People
    • Careers
    • Part of Metamorph Group
  • Personal Advice
    • Children and Child Care
    • Crime
    • Disputed wills and probate
    • Divorce and Family Matters
    • Prenuptial agreements
    • Domestic Violence
    • Elderly Client including Funding Care
    • Employment
    • Landlord and Tenant
    • Medical Negligence
    • Motoring
    • Occupational Disease
    • Personal Injury
    • Private Litigation
    • Residential Property
    • Wills, Trusts and Estates
    • Lasting Powers of Attorney (LPAs)
  • Business Advice
    • Agriculture
    • Commercial Litigation
    • Commercial Property
    • Corporate and Commercial
    • Employment
    • Landlord Property Litigation
  • Our Costs
    • Residential Property
    • Employment Tribunals (Employees)
    • Employment Tribunals (Employers)
    • Motoring
    • Probate (Uncontested with all assets in the UK)
  • News
  • Contact Us

We have adopted the Metamorph Group’s Legal Terms and Conditions. Please click below to view.

Read Terms

We have adopted the Metamorph Group’s feedback process. Please click below to view

Feedback

We have adopted the Metamorph Group’s complaint process. Please click below to view

Complaints

We are part of the Metamorph Group. Please view our group Equality, Diversity and Inclusion Statement on their website by clicking below

View Statement

We have adopted the Metamorph Group’s Data Management policy. Please click below to view

Data Managment

What happens to digital assets when someone dies?

May 4, 2022

When considering estate planning, most people will typically include personal belongings, cars, jewellery, and property in their will. But we now live in a digital age, and many of our assets no longer have a physical presence. Often our digital footprint can be neglected when making provisions for after we die, which can cause further issues for those we leave behind.

According to a recent survey from the Law Society, an astonishing 93 per cent of people said they had not made any provisions for their digital assets in their will. Only 25 per cent of respondents said they know what will happen to their digital belongings after they die, and a mere seven per cent said they understand what will happen to their digital assets when they die.

Digital assets have increasingly become part of modern life in the 21st century, and it has become vital that they are carefully considered when estate planning. Here, we have a look at all you need to know about your digital assets and estate planning and help you make sense of this important consideration and avoid issues.

What are digital assets?

Digital assets are anything that is stored in digital or binary format and often come with a right to use, encompassing online accounts such as email accounts, social networking accounts (Facebook, Instagram, Twitter, etc.), photo sharing websites (Flickr, Dropbox, etc.), and any websites or domain names you own.

It also refers to assets stored on your computer or smartphone as well as online social media accounts, which can include photos, videos, documents (Word, spreadsheets, etc.), instant messages (texts/SMS, Whatsapp, iMessage, etc.), emails, and more.

In most cases, access to these assets will be password protected and only accessible by yourself, and it could be very likely that only you know of their existence.

A growing number of people now have digital assets that have monetary value, from balances on PayPal accounts or on gaming or gambling websites, NFTs (non-fungible tokens), or cryptocurrency wallets, which will all need to be considered when estate planning, such as granting access to these accounts to the executor of your estate.

However, there are some aspects of digital assets in which you might not own what you think. For instance, the music purchased through digital sites such as Apple Music you do not own, only the licence to use the content. This will be the same for any digital versions of movies you buy, as well as eBooks.

The often lengthy and confusing terms of service for social media sites may also stipulate that any photos or media uploaded to your social media accounts are then owned by the company.

Why should I consider my digital assets?

Your social media accounts can contain years of memories, photos, and videos that you may want your family and friends to be able to access after you die, while digital assets with monetary value you may want to leave to beneficiaries.

Many social media accounts now allow profiles to be memorialised so that all the content can be viewed, or you might wish for them to be deactivated and deleted after your death. You should consider the available options carefully and take steps to decide who is granted access to them and for what purpose.

If you do not leave instructions, then family members will likely be aware of the more obvious social media accounts and assets and be able to deactivate, delete, or memorialise them. However, it is unlikely they will know or be able to gain access to lesser-known assets, such as cryptocurrency wallets, and specific arrangements do need to be made.

How can I protect my digital legacy?

As with any estate planning, the first step is to compile a record of all your digital assets that your executors can utilise after your death. There is now provision for a ‘digital safety deposit box’ where all the usernames and passwords for your accounts can be stored, which can then be made available to your executors or a nominated person after you die.

You can keep a written list of your passwords and usernames, but this poses a security risk with frequently changed, out of date, incomplete, or incorrect passwords. It makes it essential to keep your records of digital assets updated regularly.

You need to identify all digital assets that have monetary value, as well as those with sentimental value, and ensure you have made plans for both types. If you fail to gift valuable digital assets as part of your will, they may fall into the control of the state or even be lost forever.

Digital assets with sentimental value, for example, photos and videos or social media accounts, can be gifted in your will, but ensure you have made provisions to cover this.

You can nominate a family member to deal with your digital footprint in the event of your death. You can also include a digital assets clause in your will that will allow executors to decide who will benefit from any digital assets with monetary value. Or you can leave specific assets to named beneficiaries.

Where can I get help with my digital assets?

The need to account for digital assets has become increasingly important and can save time and stress for your family after you have gone.

Planning your estate will always benefit from seeking expert advice from a solicitor. Check that they have experience dealing with digital assets as you do not want to neglect this critical aspect of your will, and avoid causing problems for your family further down the line.

If you’re looking for help and advice when planning your digital estate, get in touch with our experts today.

< < back to latest news

Archive

  • No fault divorce – financial settlements
  • Investigation launched regarding level of care given at Pinderfields Hospital
  • Top 10 things you can do to help your property case progress smoothly
  • Bristol Surgeon found to have performed ‘harmful’ operations on 203 women
  • Shrewsbury & Telford hospital failures lead to two fatalities
  • Pregnant women prescribed drug without pre-warning of risks
  • Dismissal for sickness and reasonable adjustments
  • Has your child developed Erb’s palsy due to errors made during labour and delivery?
  • Resolving disputes in a non-confrontational way
  • Change to HMRC Trust Registration Service (TRS)
  • Do you know your basic working rights?
  • AN INCREASE IN THE AGE TO MARRY
  • Cohabiting couples and wills
  • What happens to digital assets when someone dies?
  • Prenuptial agreements – are these legally binding?
  • A parental guide to PLO/pre-proceedings
  • 5 reasons to review your Will
  • Getting divorced – the 2022 way
  • Maternity scandal in Shrewsbury
  • Key details your divorce lawyer should know at your first meeting
  • Mental health in the workplace – What can employers do?
  • Court of Protection FAQs, Part 2
  • Court of Protection FAQs, Part 1
  • How can a family lawyer help with domestic abuse?
  • Why all parents should have a will in place
  • Coping with redundancy – what to do when faced with the unexpected
  • Do I need to wait to start my divorce until the new divorce rules come in?
  • Everything you need to know about cohabitation agreements
  • Judicial/Legal Separation – What is it?
  • Debt after death
  • Considerations to make before preparing your Will
  • Top 5 tips for moving house with young children
  • 5 tips for a Happy New Year after a divorce
  • Talking to your teenager about divorce
  • Good Divorce Week 2021
  • White Ribbon Day
  • The benefits of an unregistered LPA
  • Life after the stamp duty holiday
  • What will the property market look like in 2022?
  • Why you need an LPA in your 20s
  • Christmas contact arrangements for the children, how to resolve this early.
  • Why planning for the future is essential
  • Are DIY divorces on the rise?
  • Employline – Your online HR department
  • Settlement agreements – what to do when you receive one
  • Can I challenge a will?
  • Divorce in the forces
  • ABI – When to claim
  • Domestic violence awareness month
  • Land and professional deputies – how to make life a bit easier
  • Terry Jones Solicitors has a new home in Telford
  • Walk, run or swim 5.5km for 50 days – Charity event
  • Are the Government’s care home fee proposals too good to be true?
  • Divorcing after the summer holidays
  • Home insurance legal protection – what is it, and do you really need it?
  • Contentious probate – what are the rules?
  • NO FAULT DIVORCE – A BREAKTHROUGH IN FAMILY LAW
  • Will your Family Trust do what you expect it to do?
  • Do parents have different rights in the workplace?
  • Managing long covid in the workplace
  • What is a clean break order?
  • Can future employers look at your social media profiles?
  • Cohabitation agreements: the common law marriage myth
  • Domestic violence – what is coercive control and how can we help?
  • The stay on possession proceedings has been extended with an important change
  • Telling children about separation and divorce
  • Making decisions about divorce when children are involved
  • I want a divorce – what do I need to do?
  • When do you need a solicitor for divorce?
  • Good Divorce Week 2020
  • Premarital agreements: what’s changed in the last decade?
  • Covid-19 and the value of the family home upon divorce
  • Coronavirus and childcare: facilitating contact in the ‘rule of six’ era
  • Jackie Finds New Family at Terry Jones Solicitors
  • Significant surge in divorces
  • Understanding restrictive covenants and furlough leave
  • Redundancy rockets in the UK
  • Furlough scheme enters its next phase in September 2020
  • Coronavirus eviction ban to be extended by four weeks
  • How do self-isolation rules affect Statutory Sick Pay?
  • Potential criminal charges for Shrewsbury and Telford Hospital Trust
  • Gas Safety Certificates and Section 21 notices – a new ruling
  • Action Mesothelioma Day 2020: the dangers of asbestos in the workplace
  • Flexible furlough: how does it work?
  • No-fault divorces: ending the ‘blame game’
  • Ban on tenant evictions extended to August 2020
  • Redundancy and furlough leave
  • Collaborative Law and Covid-19
  • Can you recoup ‘no win, no fee’ legal costs in Inheritance Act Claims?
  • Changes in Employment – what are your rights?
  • What is a protective award claim?
  • Your family law lockdown questions answered
  • Continuing to help make Wills
  • Companies House strike off policy and late filing penalties (Covid-19 changes)
  • Domestic Violence during the Covid-19 Pandemic
  • Employment law support for your dental practice
  • What is a Settlement Agreement?
  • Be wary of ‘DIY’ probate
  • Closing the gap on forgotten employees
  • How effective is your Force Majeure clause?
  • “I don’t need a Lasting Power of Attorney as my family will look after me”
  • Landlord and Tenant court hearings
  • Companies House extension for filing annual accounts
  • Updates for landlords, April 2020 – COVID-19
  • Employment law pitfalls in a pandemic
  • COVID-19 Your holiday entitlement
  • Making redundancies due to coronavirus
  • Family Court Guidance during COVID-19
  • Coronavirus Job Retention Scheme: What is furlough leave
  • Still here for you
  • Property & Finance Attorney under Lasting Power of Attorney
  • CORONAVIRUS (COVID-19) UPDATE
  • 2020 has brought about exciting changes for our residential team
  • Freedom for All – Domestic Violence, Divorce and Pets
  • Season’s Greetings
  • It’s nearly that time of year again, Christmas is getting closer
  • Elf Day for the Alzheimer’s Society Charity
  • Who gets custody of the pet?
  • Are you concerned about your relationship?
  • An Ageing Population
  • Divorce is just as much an emotional process as a legal one
  • Braving the Zip Line for Charity
  • First Class Law Graduates
  • Shrewsbury Flower Show – A resounding success
  • To Pre-Nup or not to Pre-Nup?
  • Another successful show at Newport
  • PPI Claim Deadline is 29th August 2019
  • Ellen addresses audience at Ludlow Property Conference
  • New Trainee Solicitors
  • Need advice? Email us enquiries@terry-jones.co.uk

    Terry Jones Solicitors is a trading style of MLL Ltd. Registered as a limited company in England and Wales, registration number 05907992. Company registered address is at Sale Point, 126-150 Washway Road, Sale, Manchester, M33 6AG. Authorised and regulated by the Solicitors Regulation Authority (SRA ID 446632). VAT registration number 742326449.

    Names of Directors are available upon request.
    MLL Ltd is part of the Metamorph Group. See here for the Groups full legal and regulatory information.

    metamorph logo

    Cookies | Privacy Notice | Terms and Conditions | Feedback | Complaints | Equality & Diversity

    © 2022 Copyright Terry Jones Solicitors

    We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies. However you may visit Cookie Settings to provide a controlled consent. To find out more and amend your preferences, please visit our Cookie Policy page.
    Cookie settingsACCEPT
    Manage consent

    Privacy Overview

    This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
    Necessary
    Always Enabled
    Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
    CookieDurationDescription
    cookielawinfo-checkbox-advertisement1 yearSet by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category .
    cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
    cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
    cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
    cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
    cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
    viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
    Functional
    Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
    Performance
    Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
    Analytics
    Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
    Advertisement
    Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
    Others
    Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
    Save & Accept
    Powered by CookieYes Logo