Digital Assets in a Will
What this guide covers
What are digital assets?
Digital assets are the online accounts, records and digital property that may need to be considered when preparing your will. These can include online banking and investment accounts, cryptocurrency, email accounts, cloud storage, social media profiles, domain names, websites, digital businesses and NFTs.
Why digital assets matter in a will
Many people now have important information, financial value or personal records stored online. Without proper planning, family members or an executor may struggle to identify, access or deal with these assets after death.
The South African position
South African law does not yet have specific legislation dealing only with digital estates. However, digital assets may still form part of a deceased estate if they have value or legal rights attached to them.
These assets are usually administered by the executor, but access may still depend on the rules, privacy terms or terms of service of the platform where the asset is held.
Examples of digital assets to think about
Online banking, investment accounts and financial platforms.
Crypto wallets, digital currencies and related records.
Email accounts, online files, photos and cloud-based documents.
Profiles that may need to be memorialised, closed or managed.
Domain names, websites, online businesses and digital platforms.
Online stores, client records, digital products or intellectual property.
Important
Do not put passwords in your will.
Passwords, private keys and login details should not be written directly into your will. A will can become part of the estate administration process, which means sensitive access details should be stored separately and securely.
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