Today, our photographs, videos, emails and an increasing proportion of our financial lives are stored online. Yet, after someone dies, access to these accounts is often determined not by their Will or by probate, but by the technology companies that operate the platforms.
Many families only discover this when they try to administer the estate of a loved one.
Why executors can face unexpected obstacles
Unlike physical possessions or traditional financial assets, digital accounts are governed by each platform provider's own terms and conditions.
In practice, technology companies largely determine what information can be released, what evidence is required from the executor and whether access will be granted at all. The rules vary significantly between providers, meaning there is no single process for executors to follow.
Some platforms make it easier to plan ahead. For example, Apple and Meta allow users to nominate a legacy contact who can access certain content after their death. Others have much stricter requirements. Access to some accounts may require a court order, while others can remain locked indefinitely.
For families already coping with bereavement, these obstacles often come as a complete surprise.
It's not just treasured memories that are at risk
The immediate concern is often over access to family photographs, videos and personal messages. Losing those memories can be deeply upsetting.
However, the issue can extend much further.
Email accounts often contain information about pensions, investments, insurance policies, passwords and instructions relating to financial assets. If executors cannot access those accounts, they may not know those assets exist or where they are held.
Cryptocurrency can present an even greater problem. Access usually depends entirely on private keys or passwords. If these are not available after someone's death, the assets may be impossible to recover, even where beneficiaries are clearly named in a Will.
In some cases, accounts that remain inactive may eventually be closed or their contents deleted, meaning important personal memories and valuable financial information could be lost permanently.
Why this is becoming an increasing problem
As more of our lives move online, digital assets are becoming a growing part of every estate.
The legal framework surrounding probate was developed long before cloud storage, encrypted digital wallets and global technology platforms became part of everyday life. As a result, many executors and families are only now discovering the practical challenges that digital assets can create after someone dies.
A Will remains an essential part of estate planning, but it does not automatically give executors the right to access every online account.
What can you do?
While every platform has its own rules, there are practical steps that can reduce the risk of problems later.
- Review whether your online accounts allow you to nominate a legacy contact
- Keep a secure record of your digital assets so your executors know what exists
- Consider how passwords or access information can be stored securely
- Avoid relying solely on an email account as the only source of information about your finances.
Passwords and other sensitive login details should not normally be included in a Will, as a Will becomes a public document once probate has been obtained. Instead, they should be stored securely and kept up to date in a separate document or password manager that your executors know how to locate. There are now an increasing number of digital platforms to help support this.
Thinking about your digital assets alongside your Will can help reduce delays, minimise the risk of important information being lost and make administering your estate much easier for your family.
How TWM can help
At TWM Solicitors, we advise executors, beneficiaries and families on the issues that arise during the administration of estates.
We are increasingly helping families deal with the practical difficulties that can arise when digital assets cannot be accessed after the death of a loved one, whether those assets have sentimental value or significant financial importance.
We also advise individuals on the steps they can take during their lifetime to reduce the risk of these issues arising for the people they leave behind.
If you would like advice on digital assets, estate administration or protecting your digital legacy, please contact our Will, Trust and Estate Disputes team.