When people think about making a Will, digital assets rarely come to mind but if there is no plan is in place, families can find themselves unable to access things they assumed would be straightforward – from photos and emails to online accounts with real financial value.

Unfortunately, this is already happening

In widely reported cases…

Yvonne Cunnane was unable to access her late husband’s Facebook account after his death. She simply wanted photos and messages, but access was refused and the issue ended up in dispute.

In Germany, parents had to go to the German Federal Court of Justice to gain access to their daughter’s Google account. They eventually succeeded – but only after a lengthy legal process.

And in a very different context, when Gerald Cotten of QuadrigaCX died, he was believed to be the only person with access to significant cryptocurrency holdings. Those assets were effectively lost.

Why it catches people out

Research suggests only around 5% of over 55s have included digital assets in their will, and many people don’t believe they own any digital assets at all.

In reality, most people do. It might not feel significant day to day, but online accounts often include:

• personal photos and messages
• email and social media accounts
• subscriptions and online services
• sometimes, financial assets

Without clear instructions, even a well-organised estate can become difficult to deal with. Executors may not know what exists, how to access it, or whether they’re even allowed to.

The law is changing

The Property (Digital Assets etc) Act 2025 confirms that digital assets can form part of an estate.

But that doesn’t solve the practical issue. Access still depends on what’s been recorded, shared and planned in advance.

It’s not about age or wealth

If you have an email account, store photos online, or manage anything digitally, you already have assets that may need to be dealt with.

Taking a little time to account for them and reflect that in your Will can make things far simpler for the people you leave behind.

Getting this right doesn’t need to be complicated

A Will that reflects how life is actually lived today is far more likely to work when it’s needed. Talking through your assets and arrangements with a Wills expert can make this far easier. Book online or in-person appointments with our expert team today – call or email us now.