Most of us have spent years building an online presence – photos on iCloud, memories on Facebook, connections on Instagram. But very few of us have thought about what happens to it all after we die.
When you die, your digital accounts don’t automatically pass to your family – and in most cases, your Will doesn’t cover them either.
Your Will does not cover your digital assets
Traditionally, your Will deals with the tangible things you own: your home, your savings, your possessions. It does not, however, cover your digital life. And the gap between the two can create real difficulties for the people you leave behind.
This surprises a lot of people. A standard Will makes no provision for your online life; social media profiles and digital photo albums are not transferred according to the terms you set out in your Will in the same way that your physical possessions do.
The reason for this omission is that most digital platforms are governed by their own terms and conditions, which operate completely independently of your Will. Your Executors may find that they have no automatic authority to deal with your digital accounts, even if you have clearly expressed your wishes elsewhere.
Unless you take definite steps, this can lead to restricted access and frustrating uncertainty for the family and friends you would want to have control.
What counts as a digital asset?
More than most people realise. Worryingly, digital assets you may own include:
- social media accounts, such as Facebook, Instagram, X, and Reddit;
- cloud storage – like iCloud photos, Google Photos, or OneDrive;
- email accounts;
- online bank and investment accounts;
- cryptocurrency and digital wallets;
- any digital content you have bought, such as music, films, ebooks or apps;
- domain names and websites;
- online businesses and accounts at eBay, Etsy, Amazon seller accounts; and
- subscription services like Netflix, Disney+ or Paramount.
Some of these have real financial value. Others, such as a lifetime of family photos, for example, have enormous personal value. As more of us live our lives more integrated with the digital world, these assets clearly deserve the same consideration you give to your physical estate.
Legacy contacts – what they are and why they matter
Several major platforms now allow you to nominate a legacy contact: a trusted person who can manage or memorialise your account after you die. The powers available to a legacy contact vary significantly from platform to platform, and it is important to understand what you are – and what they are not – giving them authority to do.
The table below sets out the current position for the most commonly used platforms:
| Platform | What a legacy contact can do | What they cannot do | How to set one up |
|---|---|---|---|
| Apple (iCloud) | Access photos, messages, notes and files. Request account access from Apple after the death. | Access passwords or iCloud Keychain. Note: Apple deletes the account 3 years after access is approved. | Settings > Apple Account > Sign in & Security > Legacy Contact > Add Legacy Contact. Requires iOS 15.2 or later. |
| Write a pinned post on your profile, update your profile and cover photo, request removal of your account, or memorialise it. | Log in as you, see your private messages, or make any changes to existing posts once memorialised. | Settings > Meta Account Centre > Personal Details > Account Ownership and Control > Memorialisation > Add Legacy Contact. | |
| Memorialise the account or request its removal. | Make any changes to existing posts once the account is memorialised. | Settings > Meta Account Centre > Personal Details > Account Ownership and Control > Memorialisation > Add Legacy Contact. | |
| X (Twitter) | Request removal of the account by contacting X directly. | Nominate a legacy contact in advance – X has no legacy contact feature. | No advance nomination available. Family members can contact X after the death to request account removal. |
| Request removal of the account. | Nominate a legacy contact in advance – Reddit has no legacy contact feature. | No advance nomination available. Family members can contact Reddit after the death. |
A few things are worth highlighting.
- Not every platform offers a legacy contact option – X and Reddit, for example, currently only allow family members to request account removal after the fact, with no way to nominate anyone in advance.
- Even where a legacy contact can be nominated, their powers are typically limited: they cannot log in as you, access your private messages, or make sweeping changes to your account history.
- The position is evolving. As the law and platform policies surrounding digital assets continue to develop, we hope more organisations will make it easier to manage accounts after a user’s death.
What you should do now
The good news is that there are practical steps you can take today, without needing a solicitor, that will make things considerably easier for the people you leave behind.
1. Make your legacy contact nominations
For platforms that offer it – Apple, Facebook and Instagram – take a few minutes to nominate a legacy contact. The steps are set out in the table above. It takes very little time and can save your family considerable difficulty later.
2. Keep a record of your accounts
Consider keeping an up-to-date list of the digital accounts you hold, what they contain, and your wishes for each one. This does not need to include passwords; sharing passwords can create complications under some platforms’ terms of service, but a clear record of what exists and what you would like to happen to it is invaluable for the people handling your estate.
3. Review each platform’s terms of service
Platform policies change regularly. It is worth checking the terms of service for the main platforms you use and keeping your legacy contact nominations up to date.
4. Consider separate arrangements for valuable digital assets
If you hold cryptocurrency, own a website or online business, or have digital assets with significant financial value, these may need more formal legal arrangements to ensure that they pass on properly. This is something to discuss with your solicitor when making or updating your Will.
A note from Bryony Wilmshurst, Partner — Wills and Probate
“As the law and policies surrounding digital assets continue to evolve, we hope more organisations will alter their terms to make it easier to manage or transfer online accounts after a user’s death. In the interim, we recommend considering your online presence and thinking about your intentions for your digital assets. While this is not an exhaustive list of all social media or digital assets you may have, making legacy contact nominations where platforms allow is an important first step in ensuring your assets are dealt with in the way you wish.”
The bigger picture: your Will and your digital life
A well-drafted Will remains the cornerstone of any estate plan – and making sure yours is up-to-date is the single most important thing you can do to protect your family and ensure your wishes are followed. But as our digital lives become more substantial, the gap between what a Will covers and what it does not is worth thinking about carefully – and auditing your digital assets is a useful exercise for all of us.
It is also worth noting that the law in this area is developing. The Property (Digital Assets etc) Act 2025, which came into force in December 2025, legally recognises digital assets such as cryptocurrency and NFTs as personal property in England and Wales for the first time. This means that they can form part of your estate and be inherited if the correct arrangements are in place. If you hold any digital assets of financial value, this makes it more important than ever to ensure that you consider them when you are planning your Will.
At Cunningtons, we can help you think through all aspects of your estate – including what you want to happen to your digital assets, and how to make sure the people you trust have access to them.
If you would like to make a new Will, update an existing one, or simply have a conversation about your estate – including your digital assets – our Wills and Probate team would be happy to help.
Contact your local branch in Braintree, Brighton, Chelmsford, Croydon, Hastings, Hornchurch or Wickford, and we can help you revisit your Will for the digital era.
Frequently Asked Questions
Here are some other common questions we get asked about digital media and Wills. If you don’t see the answer to your question here, please contact us for an answer.
What happens to your social media accounts when you die?
Most social media platforms have a process for ‘memorialising’ – or removing accounts after death. Facebook allows a legacy contact to manage your account; Instagram can be memorialised or removed; X (Twitter) can be deactivated by a verified family member. But if you don’t state your wishes before you die, it’s up to the publisher what happens.
Can you leave social media accounts to a beneficiary in your Will?
You can include instructions for what will happen to your digital assets in your Will, appointing someone to manage or close your accounts. A solicitor can advise on the best way to make provision for your digital estate.
What are digital assets in a Will?
Digital assets include social media profiles, email accounts, online banking, cryptocurrency, PayPal balances, digital photo libraries, and any other online accounts or content you own.