A comprehensive plan for your digital assets requires more than a simple mention in your Will.
Work with an attorney to include specific language in your Will or Trust that grants your executor the legal authority to access, manage, and distribute your digital assets, to the extent allowed by law (like the Revised Uniform Fiduciary Access to Digital Assets Act – RUFADAA in the U.S.).
Create a Digital Asset Inventory:
List every online account and digital asset, including email, social media, financial platforms, and cryptocurrency holdings.
For each, specify what you want to happen: transfer to an heir, memorialize, or delete.
Appoint a Digital Executor (Fiduciary):
Designate a person who is knowledgeable about technology and online security to handle your digital estate. This may or may not be the same person as your primary executor.
Securely Document Access Information:
Use a secure, encrypted password manager or a protected physical document to store usernames and passwords. Crucially, do not store this information directly in your Will, as a Will often becomes a public document.
Provide your Digital Executor with a specific, secure pathway to retrieve this information after your death.
Grant Explicit Legal Consent:
