Digital Legacy Planning

As more of our day-to-day activity takes place online, the way we store information, communicate and manage finances has changed dramatically. From email accounts and cloud storage to digital photographs, online banking, subscription services and social media, the footprint we leave behind can be extensive.

However, many people are unaware of the difficulties their families may face in managing these digital holdings if they lose capacity or following their death. Digital legacy planning ensures your online estate is handled properly, giving those you trust the authority and information they need to follow your wishes.

At Kingsfords, our Wills and Probate team collaborates with you across various digital legacy services that safeguard your online identity, preserve cherished files, and facilitate seamless management of essential digital matters by your loved ones in the future.

Speak to our digital legacy planning team today

Don’t wait to resolve your digital legacy today. To speak with our Private Client team in Ashford, Cranbrook or Hythe, please call 01233 665544 or complete the enquiry form on this page, and we will be in touch.

What is digital legacy?

Your digital legacy is the collection of online accounts, digital records and electronic assets connected to you. It spans both personal and financial aspects of your life and continues to exist even when you are no longer able to manage it.

It can include:

Email accounts and messaging services
Social media profiles and pages
Cloud storage, online drives and file-sharing platforms
Digital photographs, videos and audio recordings
Internet banking, investment portals and payment apps
Online business tools, websites and domain names
Memberships, online shops and subscription services
Cryptocurrency, NFTs and other digital-only assets

Digital legacy planning is the process of deciding how you would like these items to be handled, who should be able to access them, and what should happen to the information they contain.

A clear plan helps to protect confidentiality, preserve what matters and reduce the risk of important accounts being overlooked, misused or lost.

Why is digital legacy planning important, and what happens without it?

Without a digital legacy plan, relatives and friends are often left trying to work out what accounts exist, how to access them, and what the person might have wanted to happen. This can be emotionally and practically difficult, especially where companies are bound by strict privacy rules and security procedures.

If no steps are taken in advance:

Loved ones may not be able to close or manage online accounts
Financial assets held in digital form may go unclaimed
Sensitive information could remain accessible or be vulnerable to misuse
Important documents and photographs might be deleted or become unreachable
Families can face lengthy and frustrating correspondence with service providers

Digital legacy management, carried out alongside your wider estate planning, can:

Give trusted individuals clear authority and guidance
Make it easier to locate and secure valuable online accounts
Help relatives access treasured images, messages and documents
Prevent ongoing charges from unused services and subscriptions
Provide reassurance that your wishes will be honoured in the digital space

By taking action now, you help those you leave behind to focus on what matters most, rather than navigating unnecessary administrative obstacles.

What types of online accounts and digital assets should I include in my plan?

It is sensible to think broadly when considering what should form part of your digital estate. Many platforms are used infrequently and can be easily forgotten unless intentionally recorded.

You may wish to include:

Communication platforms – email, instant messaging services, video call accounts
Social networks – personal profiles, community pages, groups and forums
Financial and commercial accounts – online banking, investment platforms, PayPal or similar services, shopping accounts holding stored payment details
Storage services – cloud drives, backup systems, photo libraries and document repositories
Creative and professional accounts – blogs, content-sharing websites, professional networking sites, design or music platforms
Subscriptions and memberships – streaming services, online publications, membership sites and software licences
Digital-only assets – cryptocurrency, tokens, in-game purchases or items that exist exclusively in digital form

For each type of account, you can decide whether it should be closed, transferred, memorialised, archived or left as it is. This allows your representatives to deal with each item in a structured and informed way.

What are the key steps for creating a comprehensive digital legacy plan?

A thorough digital legacy plan sits alongside your Will and any Powers of Attorney, forming a coherent picture of how your affairs should be handled.

Typical steps for creating a simple digital estate plan include:

Listing your accounts and assets - Draw up a clear schedule of all relevant platforms and services, including, where possible, the email address or username associated with each account.
Recording access information securely - Rather than placing passwords in your Will, which may later become public, access details can be stored in a password manager, a secure document, or another safe location, along with instructions on how your representatives can obtain them.
Setting instructions for each account - Decide whether you want accounts to be closed, downloaded and archived, transferred to another person or kept in a commemorative form (where a platform allows this).
Choosing who should manage your digital affairs - You may wish to appoint someone to handle your online estate specifically. We can advise on how this can work alongside the role of your main executor.
Ensuring your legal documents support your wishes - Your Will and other estate planning documents can be drafted to reflect your intentions and give appropriate authority to the people you choose.
Reviewing and updating regularly - As you add or close accounts and as technology evolves, your plan should be revisited so it remains accurate and useful.

Our Private Client solicitors can guide you through each of these stages, tailoring your digital legacy plan to your needs and circumstances.

Frequently asked questions about digital legacy

How do I securely create an inventory of all my digital accounts and passwords?

It is important to keep a clear record of your accounts without compromising security. Many people use an encrypted password manager or a securely stored list that is kept separate from their Will.

Your estate planning documents can explain how your chosen representative can access this record when the time comes, without revealing sensitive information in a public document.

How often should I review and update my digital asset list and instructions?

Online services and devices change frequently, so it is wise to review your digital asset list at least once a year, or whenever there are major changes in your online activity.

This might include opening new accounts, closing old ones, changing email addresses, moving to new cloud providers or investing in new forms of digital assets. Regular updates help to ensure your plan remains complete and reliable.

What is a "digital executor," and should they be the same person as my Will’s executor?

A digital executor is a person you nominate to oversee your online estate, following the guidance you have set out. They may be responsible for closing accounts, arranging for data to be downloaded or transferred, and ensuring your digital instructions are carried out.

In some cases, it is practical for this to be the same person as your main executor. In others, you may prefer to choose someone particularly comfortable with technology, while still ensuring they work closely with your primary executor. We can discuss the best approach for your situation.

How can my family access important sentimental files, like photos and videos, stored in the cloud (e.g. iCloud, Google Drive)?

Many cherished memories are stored only in digital form. As part of your digital legacy planning, you can indicate where these files are kept, who should receive them and how access can be granted for your legacy online.

This may involve using shared albums, creating secure backup drives or ensuring your representative can access relevant cloud accounts in a lawful way. By planning ahead, you reduce the risk of these items being lost or remaining locked away.