Your Digital Legacy: Who Owns Your Life - and Your AI - After You Die?

For many years, estate planning has focused on physical assets including your home, investments and personal possessions. However, the nature of wealth is changing. An increasing proportion of both value and personal identity exists online. For many individuals, particularly those with more complex financial affairs, this raises an important question:

What happens not just to your assets, but to your digital life, after death?

A “digital estate” now extends far beyond online banking.

It can include:

• Cryptocurrency and digital wallets
• Online investments
• Online businesses and income streams
• Social media accounts and personal data
• Cloud storage, photographs and intellectual property
• Subscription services and loyalty schemes
• Even AI-generated content and digital personas

Some of these assets have considerable financial value. Others carry significant personal or sentimental importance. Despite this, they are often not properly addressed in traditional wills. 

Digital assets do not behave in the same way as traditional assets.

• Cryptocurrency cannot be accessed without private keys
• Online accounts may be locked or deleted on death
• Access is often governed by platform terms—not your will

Without the correct information, assets can become permanently inaccessible, even where there is a valid will in place. For individuals with sophisticated or high-value digital holdings, this is an increasing and underestimated risk.

A newer and more complex issue is also beginning to emerge: your AI footprint.

Many individuals now leave behind:

• AI-assisted writing and correspondence
• Voice models or digital likenesses
• Extensive data reflecting personal preferences and behaviour

In some cases, this technology can replicate how someone communicates or makes decisions.

This raises important questions:

• Who controls your digital identity after death?
• Can it be used, shared or monetised?
• Should it be preserved, restricted or deleted?

At present, the legal position remains unclear. This is an area where the law is still developing.

Even a well-drafted will may not fully address digital assets.

Common issues include:

• Assets not identified, particularly cryptocurrencies or online accounts
• Lack of access information, making administration difficult or impossible
• Security concerns, such as including sensitive information in a will
• Cross-border challenges, where digital platforms operate internationally

This can result in a situation where assets legally form part of an estate but cannot be practically accessed or administered.

A modern approach to estate planning should include consideration of digital assets.

Key steps include:

1. Identify digital assets

• Financial digital holdings
• Online accounts and content
• Personal digital presence

2. Secure access to information

• Store passwords and access details securely
• Avoid including sensitive information directly in your will

3. Appoint appropriate Executors

• Choose individuals capable of dealing with digital assets
• Consider professional support for more complex estates

4. Include specific provisions

Your will should:

• Address how digital assets are to be dealt with
• Provide guidance on social media and personal data
• Reflect your wishes regarding digital content and identity

5. Keep matters under review

Digital assets evolve quickly. Your estate planning should do the same.

Digital legacy planning reflects a broader shift:

• Wealth is becoming increasingly intangible
• Personal identity extends beyond physical assets
• Legal frameworks are continuing to adapt

For many clients, particularly those with higher-value or more complex estates, forward-thinking planning is essential.

Estate planning has always been about ensuring your wishes are respected and your affairs are managed appropriately. In the digital age, that objective requires a broader and more considered approach.

At Thomas Flavell & Sons, our Private Client team advises individuals and families on all aspects of estate planning, including increasingly complex digital estates.

If you would like to review your existing arrangements or discuss how best to protect your digital legacy, we would be pleased to assist.

Contact our Private Client team today to arrange a confidential consultation.