Handling Digital Assets in Your Will

With the rise of digital assets in the 21st century, have you considered how your intangible assets are dealt with after your death?

In the digital age, managing your digital assets can be just as important as handling physical property in a will. Digital assets, such as social media accounts, digital photos, cryptocurrency, and online banking, are increasingly significant and can present unique challenges for executors. Ensuring your digital assets are properly addressed in your will can prevent confusion and ensure your wishes are followed.

Identify and List Digital Assets
Start by identifying all your digital assets. This can include email accounts, social media profiles (Facebook, Instagram, LinkedIn), online subscription services (Netflix, Spotify), and digital currencies (Bitcoin, Ethereum). It’s important to have a clear list of assets and a record of usernames, passwords, and recovery methods to provide to your executor.
Designate a Digital Executor
While an executor of a will is typically responsible for handling the deceased’s estate, they may not have the expertise to deal with digital assets. You can appoint a digital executor in your will, someone trusted to manage your digital affairs. This person should be familiar with the different platforms you use, as they may need to request access or handle deletion requests.
Granting Access and Permissions
New Zealand law recognizes the importance of privacy, so direct access to online accounts may not always be simple. Services like Facebook, Google, and banking institutions often require proof of death and a court order to grant access. To avoid delays, you can provide clear instructions in your will about how your executor should approach these platforms. Some services, such as Google, allow you to appoint a “legacy contact” who can manage your account after your passing.
Addressing Digital Assets in the Will
When drafting your will, you can include a section that outlines how you want your digital assets handled. Specify who will be responsible for each account, whether you want certain accounts deleted or memorialized, and any other preferences. Ensure your will is kept up to date as your digital footprint grows or changes.

Conclusion
Addressing digital assets in your will provides peace of mind and ensures your online legacy is managed according to your wishes. Be proactive, keep clear records, and book an appointment with our team to ensure your digital affairs are comprehensively covered.

This article is current as at the date of publication and is only intended to provide general comments about the law. Harkness Henry accepts no responsibility for reliance by any person or organisation on the content of the article. Please contact the author of the article if you require specific advice about how the law applies to you.