Estate Planning for Digital Assets: What Happens to Your Online Life After You Die?

Andrew Pacini • April 14, 2025
A person is holding a cell phone with social media icons on the screen.

In today’s digital world, we accumulate more online assets than ever before—ranging from social media profiles and cloud storage to cryptocurrency holdings and digital business interests. But what happens to these digital assets when you pass away? Estate planning isn’t just about physical and financial assets anymore; it’s essential to consider how your online presence will be managed after your death.


Understanding Digital Assets in Estate Planning

Digital assets include anything stored electronically or accessed online. These can be:


  • Social Media Accounts – Facebook, Instagram, LinkedIn, and Twitter profiles
  • Email Accounts – Gmail, Outlook, Yahoo, etc.
  • Cryptocurrency and NFTs – Bitcoin, Ethereum, digital wallets, and blockchain-based assets
  • Online Financial Accounts – PayPal, bank accounts, investment platforms
  • Cloud Storage and Digital Files – Google Drive, Dropbox, iCloud
  • Subscriptions and Memberships – Streaming services, shopping accounts, professional memberships


Each platform has its own policies regarding access after death, making it crucial to outline your wishes in your estate plan.


What Happens to Your Online Accounts After You Die?

Many online services have policies for dealing with accounts after the user passes away:


  • Facebook & Instagram – Offer options to memorialise the account or allow a designated legacy contact to manage it.
  • Google (Gmail, YouTube, Drive, etc.) – Provides an “Inactive Account Manager” feature, which lets you decide what happens to your account after a period of inactivity.
  • Apple & iCloud – Requires a court order to access a deceased person’s account unless the Digital Legacy feature is set up.
  • Cryptocurrency & Digital Wallets – Since crypto is decentralised and password-protected, without proper planning, assets can be lost forever.


Without specific instructions, some accounts may be deactivated, while others could remain indefinitely or become inaccessible to loved ones.


How to Incorporate Digital Assets into Your Estate Plan

To ensure your digital assets are handled as per your wishes, follow these key steps:


  1. Make an Inventory – List all digital assets, including usernames, passwords, and access instructions.
  2. Use a Password Manager – Securely store login credentials and ensure a trusted person can access them.
  3. Nominate a Digital Executor – Appoint someone in your will to manage your digital assets.
  4. Check Platform Policies – Review the terms of service and death-related policies for major platforms.
  5. Include Digital Assets in Your Will – Clearly state who should inherit digital assets like cryptocurrency, websites, or online businesses.
  6. Set Up Legacy Features – Enable options such as Facebook’s Legacy Contact or Google’s Inactive Account Manager.


The Legal Landscape in NSW

Under NSW law, executors may struggle to access digital accounts due to privacy laws and terms of service agreements. There is no uniform law governing digital assets in Australia, so careful estate planning is essential to prevent complications.


A well-drafted will, power of attorney, or estate plan should address digital assets explicitly. Seeking legal advice can help ensure your wishes are honoured and that your digital legacy is managed according to your intentions.


Conclusion

Your digital life is just as important as your physical and financial assets when it comes to estate planning. Without a clear plan, loved ones may struggle to access important information or assets, leading to unnecessary stress and financial loss.


If you need guidance on estate planning for digital assets in NSW, our expert legal team is here to help. Contact us today to ensure your digital legacy is protected.

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