Online Wills & Holistic Legacy Preservation

Understanding Digital Assets

Before creating your plan, it's important to identify what constitutes your digital estate:

Financial Digital Assets

• Cryptocurrency holdings
• Online banking accounts
• Investment platforms
• PayPal and payment processor accounts
• Online marketplaces (eBay, Amazon seller accounts)
• Loyalty programs with cash value

Personal Digital Assets

• Email accounts
• Social media profiles
• Cloud-stored photos and videos
• Digital music and book libraries
• Domain names
• Blogs and websites
• Streaming service accounts

According to a 2023 survey, the average person has over 90 online accounts, yet fewer than 30% have any plan for these assets after death. Creating an online asset planning inventory is the crucial first step.

Digital Estate Laws: Australia, UK and US Compared

Legal frameworks for digital inheritance vary significantly by country, creating challenges for comprehensive planning.

Australia

In Australia, the legal landscape for digital inheritance remains somewhat fragmented:

• No specific federal legislation addresses digital assets comprehensively
• The Privacy Act continues to protect personal information after death
• Service provider terms and conditions often take precedence
• Executors may need court orders to access certain accounts
• Many digital service providers have their own posthumous access policies

The Australian Government recommends creating specific digital directives as part of your will to authorize access to your digital accounts.

United Kingdom

The UK approach to digital estate planning includes:

• No specific legislation for digital assets, but they fall under personal property
• The Computer Misuse Act can create complications for executors accessing password-protected accounts
• UK Data Protection Act protections continue after death
• Executors have limited legal standing to compel service providers
• Digital estate tools are increasingly recognized by UK courts

The Law Society of England and Wales recommends creating a detailed digital estate inventory alongside traditional wills.

United States

The US has more developed legislation in this area:

• The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has been adopted by most states
• RUFADAA creates a legal framework for executor access to digital accounts
• The law generally respects the deceased's expressed wishes
• Online will maker services increasingly incorporate digital asset provisions
• Social media platforms have established more comprehensive legacy policies

Despite these advances, an express authorization in your will is still essential for managing your digital inheritance.

Creating Your Digital Estate Plan

Follow these steps to develop a comprehensive plan that works across jurisdictions:

1. Take Inventory of Your Digital Assets

Create a detailed inventory including:

• Account types and purposes
• Username (not passwords in the will document itself)
• Account recovery information
• Monetary or sentimental value
• Your wishes for each account (transfer, memorialize, delete)

Store this inventory securely using a digital legacy vault service that provides appropriate security while remaining accessible to authorized individuals when needed.

2. Appoint a Digital Executor

Select someone technically savvy and trustworthy to manage your digital estate. This person should:

• Understand different types of digital assets
• Be comfortable with technology
• Respect your privacy wishes
• Have the patience to navigate various platform policies

In some jurisdictions, you may need to formally name this person in your will or create a specific power of attorney for digital assets.

"Choosing the right digital executor is crucial," notes legacy preservation blog experts. "They need both technical capability and a deep understanding of your wishes."

3. Document Your Wishes Clearly

For each category of digital asset, specify your preferences:

• Social media accounts: Delete, memorialize, or archive
• Financial accounts: Transfer to specific beneficiaries
• Email accounts: Delete or provide access to specific individuals
• Digital media: How to distribute purchased content
• Online businesses: Succession planning details
• Loyalty programs: Transfer or redeem points

Consider creating an ethical will online to accompany these instructions, explaining the reasoning behind your decisions and sharing personal messages.

4. Provide Legal Authorization

Work with an online will maker or estate planning attorney to create legally binding documents that:

• Explicitly authorize your executor to access digital accounts
• Include consent language required by service providers
• Reference your detailed instructions (stored separately)
• Meet the legal requirements of relevant jurisdictions
• Consider an advance care directive to cover digital access if incapacitated

Online will writing services now commonly include specific provisions for digital assets that comply with various jurisdictional requirements.

5. Secure Storage Solutions

Your digital estate plan should be stored securely but accessibly:

• Use a digital legacy vault with appropriate encryption
• Provide access instructions to your executor
• Consider a password manager with emergency access features
• Update your inventory regularly
• Test your system to ensure it works as intended

Services like digital legacy vault offer secure storage specifically designed for estate planning purposes.

Platform-Specific Considerations

Major digital platforms have developed their own policies for handling accounts after death:

Google

Google's Inactive Account Manager allows you to:

• Decide what happens if your account becomes inactive
• Share data with trusted contacts
• Automatically delete your account after a set period
• Set different rules for different Google services

Facebook

Facebook offers:

• Memorialization of accounts
• Legacy contact designation
• Account deletion options
• Data download for designated individuals

Apple

Apple's Digital Legacy program enables you to:

• Name Legacy Contacts who can access your data
• Provide an access key for your Apple ID
• Download photos, messages, notes, files, apps, and device backups
• Access purchased content

Financial Platforms

These typically require:

• Formal executor authorization
• Death certificate submission
• Compliance with specific company procedures
• Legal documentation from relevant jurisdictions