From Selfies to Spotify – Why Digital Assets Matter in Your Will
- Wills, Trusts & Probate
- 23rd Sep 2025
We live our lives online. We bank on apps, share memories on social media, and some even earn their living entirely from digital platforms. Yet when it comes to making a will, many people still think only about money, property, and possessions. The truth? Your digital footprint can be one of your most valuable – […]
By Jane Hunter
mlplaw
We live our lives online. We bank on apps, share memories on social media, and some even earn their living entirely from digital platforms. Yet when it comes to making a will, many people still think only about money, property, and possessions.
The truth? Your digital footprint can be one of your most valuable – and vulnerable – assets.
What Counts as a Digital Asset?
Digital assets cover anything stored or managed online or on a device. That includes:
- Social media accounts such as Instagram, Facebook, and X (formerly Twitter)
- Domain names, websites, or blogs (including monetised ones)
- Cryptocurrency wallets and online banking accounts
- Cloud storage for documents and photographs
- Streaming, gaming, and subscription accounts
- Digital intellectual property, such as YouTube videos or eBooks
Our Memorandum of Digital Assets helps you list and provide access instructions for each of these — from your laptop and email to your Bitcoin wallet.
When Does a Digital Asset Become ‘Significant’?
Some assets have obvious monetary value – such as cryptocurrency, a monetised YouTube channel, or an eCommerce site.
But even personal accounts can be valuable in the right context:
- Blogs – A personal blog with over 5,000 subscribers could be a commercially valuable advertising platform. In niche industries, even 1,000 loyal readers could attract sponsorship.
- Instagram – Influencers can monetise accounts with as few as 10,000 engaged followers.
- Etsy or eBay – Active shops can be profitable businesses in their own right.
- Photography or design portfolios – Intellectual property rights can continue to generate income long after you are gone.
If you don’t make provision for these, your loved ones may not be able to access them – or even know they exist.
Real-Life Lessons
In 2019, the family of the late TV presenter Caroline Flack had to negotiate access to her social media accounts to manage tributes and stop impersonators.
In another case, the sudden death of a cryptocurrency investor left millions inaccessible because no one knew his private keys — a harsh reminder that without clear instructions, digital wealth can vanish instantly.
Even without celebrity status, countless families face heartbreak when photos, videos, or creative work are lost forever because passwords were never shared.
Unusual Situations You Might Not Think About
- Online gambling accounts – Often overlooked, but winnings can be sizeable.
- Loyalty points – BA Avios, Nectar, or Tesco Clubcard points can sometimes be transferred to a beneficiary.
- Digital memorials – Facebook allows “memorialised” profiles, but only if you’ve set a legacy contact.
- Gaming accounts – Rare in-game items or characters in platforms like World of Warcraft or Fortnite can have real-world value.
How to Protect Your Digital Legacy
- Create a Memorandum of Digital Assets – List every account, username, and password, plus your wishes for each.
- Appoint a Digital Executor – Someone with both technical knowledge and your trust.
- Review regularly – Online lives change quickly; keep your will and digital asset memorandum up to date.
Your online life is worth protecting.
Whether you’re a blogger, a crypto investor, or simply someone with years of irreplaceable family photos, including your digital assets in your will ensures your legacy – and your loved ones – are safeguarded.
At mlplaw, we can help you document, protect, and pass on your digital life as carefully as your physical one. Contact our Wills, Trusts and Probate team to get more information.
About the expert
Stephen Attree
Managing Partner
Stephen is the Owner of MLP Law and leads our Commercial, IP and Dispute Resolution teams which provide advice on all aspects of the law relating to mergers, acquisitions, financing, re-structuring, complex commercial contracts, standard trading terms, share options, shareholder and partnership agreements, commercial dispute resolution, joint venture and partnering arrangements, IT and Technology law, Intellectual Property, EU and competition law, Brexit and GDPR.
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