Digital Assets and Your Will
Your estate plan should deal with more than your house, bank accounts and personal possessions. It should also consider your digital life.
Kalde Legal helps clients include digital assets in their estate planning, including cryptocurrency, online accounts, cloud storage, family photos, business accounts and social media profiles.
What happens to your digital life?
Without clear instructions, valuable or sentimental digital assets may be lost, locked, deleted or difficult for your executor to manage.
Have online accounts?
Email, cloud storage, social media, subscriptions and online records may need clear instructions so your executor knows what to do.
Own cryptocurrency?
Cryptocurrency can be lost permanently if private keys, wallet access or instructions are not safely planned.
Store photos online?
Family photos, videos and personal documents can hold enormous sentimental value and may need to be protected in your estate plan.
Why digital assets should be included in your estate plan
Most people now have an extensive digital footprint. Your online life may include financial accounts, social media profiles, cloud storage, cryptocurrency, business platforms, domain names, email accounts, online subscriptions and irreplaceable family photos.
If these assets are not addressed in your Will and estate planning documents, your executor and family may not know what exists, how to access it, who should receive it or whether an account should be preserved, transferred or closed.
Kalde Legal helps clients think through their digital assets and include practical instructions as part of their broader estate planning arrangements.
Digital estate planning can help
Digital asset estate planning services
Choose the area that best matches your concern, or contact Kalde Legal if you are not sure where to start.
Digital Asset Review
Identify the digital assets, accounts and online records that should be considered in your estate plan.
Will Updates
Update your Will so your executor has clearer authority and guidance for dealing with digital assets.
Cryptocurrency Planning
Plan how cryptocurrency, digital wallets, seed phrases and private keys should be dealt with safely and securely.
Online Account Instructions
Prepare practical instructions for email, cloud storage, subscriptions, social media and online records.
Business Digital Assets
Consider websites, domains, online stores, customer databases, business accounts and digital intellectual property.
Executor Guidance
Give your executor clearer instructions about what exists, where to find it and what your wishes are.
Do not leave your digital life locked away
A modern estate plan should help your executor locate, access and manage important digital assets while protecting your privacy and security.
What are digital assets?
Digital assets can include financial, sentimental, practical and business-related items stored or accessed electronically.
Some digital assets may have monetary value, such as cryptocurrency, online bank accounts, online businesses, domain names or intellectual property. Others may have personal or sentimental value, such as family photos, videos, email accounts, social media profiles and important digital documents.
The challenge is that many digital assets are protected by passwords, two-factor authentication, platform terms, privacy rules or device access. Without planning, your executor may not know where to begin.
Examples of digital assets
Why passwords should not be written into your Will
Your Will may eventually become a document that is shared with executors, beneficiaries, institutions or the Court. For that reason, it is generally not appropriate to list passwords, private keys or sensitive login information directly in your Will.
Instead, your Will can provide authority and directions, while the practical access details are kept in a secure, separate record that your executor can locate when needed.
This approach helps balance access, privacy and security.
A safer plan may include
Important: access instructions should be secure
Do not casually share passwords, seed phrases or private keys. Digital asset planning should be handled carefully so your executor can act when needed without creating unnecessary privacy, fraud or security risks during your lifetime.
Cryptocurrency and your Will
Cryptocurrency requires particular care in estate planning. Unlike many traditional assets, access may depend on private keys, seed phrases, wallets, exchanges, devices or authentication methods.
If your executor does not know cryptocurrency exists, or does not have a secure way to locate access information, the asset may be extremely difficult or impossible to recover.
A good estate plan should identify the existence of cryptocurrency, explain who should receive it and provide secure practical instructions without exposing sensitive access details.
Crypto planning should consider
Social media, email and cloud storage
Not all digital assets are financial. Many online accounts have deep sentimental, personal or practical value.
Family photos, videos, email archives, personal documents, social media profiles and cloud storage accounts may be difficult for loved ones to locate or access after death.
Estate planning can help clarify whether these accounts should be preserved, downloaded, transferred, memorialised, closed or deleted.
Instructions may deal with
How our digital estate planning process works
Our process is designed to help you identify digital assets, clarify your wishes and document practical instructions.
Identify
We help you think through the digital assets, accounts and online records that should be considered.
Prioritise
We identify which digital assets have financial, sentimental, personal or business value.
Document
We assist with Will clauses and practical instructions for your executor and family.
Update
We recommend keeping your digital asset plan current as accounts, passwords and assets change.
Digital assets for business owners
Business owners often have digital assets that are essential to business continuity and value. These may include domain names, websites, hosting accounts, online stores, customer databases, payment platforms, social media accounts, trademarks, digital documents and cloud-based business systems.
If these assets are not clearly identified, your executor, attorney, business partner or family may struggle to keep the business operating or transfer business value after death.
Digital asset planning can be especially important for sole traders, consultants, online businesses, e-commerce stores and business owners with valuable brands or intellectual property.
Business assets may include
Related legal services
These pages may also help if your digital asset planning connects with your Will, estate plan, business or intellectual property.
Estate Planning Lawyer Hervey Bay
Wills, powers of attorney, advance health directives, probate and estate planning advice.
Wills & Estate Planning
Prepare or update your Will and consider how your assets should be dealt with after death.
Trademarks
Trademark and brand protection advice for business owners with valuable digital and intellectual property assets.
Frequently asked questions
What are digital assets in a Will?
Digital assets may include cryptocurrency, online accounts, cloud storage, family photos, social media profiles, email accounts, domain names, websites, digital documents and online business assets.
Should I include digital assets in my Will?
Yes. If you have digital assets with financial, sentimental, personal or business value, your estate plan should consider how they will be located, accessed and managed after death.
Should I put passwords in my Will?
Generally, passwords, private keys and seed phrases should not be written directly into your Will. A more secure approach is to keep sensitive access information in a separate secure record that your executor can locate when needed.
What happens to cryptocurrency when someone dies?
Cryptocurrency can form part of an estate, but it may be difficult or impossible to access without proper instructions, wallet details, private keys or exchange information. Estate planning is particularly important for cryptocurrency holders.
Can my executor access my social media accounts?
Access may depend on the platform rules, privacy settings, legacy contact options and the instructions left in your estate planning documents. Clear directions can help your executor and family know what you wanted.
What should happen to family photos stored online?
Your estate plan can include practical instructions about who should receive or access cloud-stored photos, videos and personal files.
How often should I update my digital asset plan?
You should review your digital asset plan when you open or close major accounts, acquire cryptocurrency, change password systems, start or sell a business, or update your Will.
Speak with an estate planning lawyer
Contact Kalde Legal for practical advice about including digital assets in your Will and estate plan.
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