Are you dealing with your digital legacy?

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£25 billion. That is the current figure of unclaimed digital assets in the UK alone.

What are digital assets?

There is no precise legal definition but commonly they include:

Each internet service provider may have different policies for dealing with online assets on death. These policies will have been accepted when the online account was created. A few examples are:

What should I do?

Most wills contain a clause dealing with personal chattels. Computer hardware (eg the computer itself) is a tangible asset and falls within the definition of personal chattels, but digital assets are intangible ones and therefore are not covered by the definition.

We suggest you consider amending the usual personal chattels clause in the will to include digital assets, or make a separate provision or leave them to be dealt with as part of your general residuary estate.

To summarise, there are a number of important points to bear in mind regarding digital assets to ensure that they do not add to that £25 billion:

For more information about how to protect your digital assets in your will please speak to any of our lawyers in our wills, probate & trusts department.

Simon Cook