What Happens to Your Digital Life After You Die?

By Natalie Popova, Legal Consultant | Express Law Solutions

Understanding Digital Assets, Data Ownership, and Inheritance Rights in the UK

A Deep Dive into UK Law, Real Cases, and Practical Solutions

Introduction

We live in an age where our personal identity extends far beyond the physical world. From our social media profiles, emails, and digital banking to cryptocurrency wallets and online creative content, our “digital self” is now a significant part of our life — and death raises a difficult question:

Who owns your digital life when you die?

Unlike physical assets such as houses or cars, digital assets are intangible, often stored on private servers, and governed by the terms of service of international corporations — rather than local law.

This legal grey area has led to major disputes in the UK and worldwide, as families attempt to access or manage a deceased person’s digital presence.

1. The Modern Problem of “Digital Death”

In the United Kingdom today, the average person holds over 100 online accounts — from social media and banking to cryptocurrency, emails, and cloud storage. Yet, most people have never considered what happens to these digital assets when they die.

Unlike physical property, digital life — your Facebook profile, Gmail, photos, crypto wallet, or even your Netflix subscription — often lacks a clear legal pathway after death.

UK law still lags behind the pace of technology, forcing courts and families to navigate complex questions about ownership, privacy, and access rights.

2. The Legal Landscape in the UK

(a) The Wills Act 1837

Under the Wills Act 1837, a valid will disposes of a person’s “property.” However, traditional definitions of property did not contemplate digital assets like emails, social media accounts, or cryptocurrencies.

The courts have gradually expanded what counts as property, but only certain types of digital assets — mainly those with tangible financial value (e.g., Bitcoin, NFTs, PayPal balances) — are clearly inheritable.

(b) Data Protection Act 2018 & GDPR

The Data Protection Act 2018, which implements the GDPR, provides strong protections for personal data — but only for living individuals.

Once a person dies, data protection rights cease to exist. That means companies like Google or Facebook have no legal obligation under the GDPR to release or delete a deceased user’s data — unless specific arrangements were made before death.

(c) Computer Misuse Act 1990

Accessing a deceased person’s account — even by their family — may technically breach the Computer Misuse Act 1990, if done without lawful authority.

For example, logging into your late spouse’s email using their password could

1. Legal Definition: What Are “Digital Assets”?

Currently, UK legislation does not provide a single definition of digital assets. However, under common law principles and various acts, they can fall into several categories:

Type	Examples	Relevant Law
Personal Data	Emails, photos, social media messages	UK GDPR and Data Protection Act 2018
Digital Property / Intellectual Property	eBooks, NFTs, online content, videos	Copyright, Designs and Patents Act 1988
Financial Digital Assets	Cryptocurrency, PayPal balance, e-wallets	Electronic Money Regulations 2011, Financial Services and Markets Act 2000
Online Accounts & Subscriptions	Google, Facebook, Netflix, Apple	Governed by Terms of Service contracts

2. Ownership vs. Access: A Legal Paradox

One of the key challenges is that the deceased may not actually “own” their digital accounts.

When users create a Facebook, iCloud, or Gmail account, they agree to the platform’s terms of use, which typically grant a non-transferable, lifetime license to use the service — not to own it.

Thus, upon death, access is often legally terminated, leaving family members locked out, even when they have consent or passwords.

 Relevant Legal Principles:

• Law of Property Act 1925 — defines what can be owned or transferred; most digital items fall outside its scope.
• Data Protection Act 2018 (implementing UK GDPR) — protects personal data of living individuals only. After death, data protection rights cease to apply, creating a legal vacuum.
• Computer Misuse Act 1990 — makes it illegal to access another person’s computer data without authorisation — even if it’s the deceased’s account and the person is a relative.

This means that a spouse logging into the deceased’s Gmail or Facebook may technically be committing an unauthorised access offence.

 3. What Happens to Social Media and Online Accounts?

Platform	Policy After Death	Notes
Facebook / Instagram	“Memorialisation” or deletion with proof of death	Controlled by nominated Legacy Contact
Google / Gmail / YouTube	Inactive Account Manager allows pre-selected data sharing	Otherwise, requires legal documentation
Apple (iCloud, iTunes)	Access denied unless there’s a Digital Legacy Contact	Recently updated (2022)
Twitter (X)	Account can be deactivated by family	No data download allowed
PayPal / Banks / Crypto	Requires executor’s verification; may be frozen until probate	Crypto access depends on private keys

 4. Digital Assets in Wills and Probate

Digital assets can and should be included in wills under the Wills Act 1837.

Solicitors now increasingly advise clients to maintain a Digital Assets Inventory — listing online accounts, crypto wallets, domain names, and digital content, alongside instructions for executors.

 Relevant Acts:

• Administration of Estates Act 1925 – governs distribution of assets after death.
• Trustee Act 2000 – allows trustees (executors) to manage and safeguard intangible assets, which can include digital property.

Case example: In Re Ellott (2018), a UK estate executor faced difficulties accessing the deceased’s online business accounts due to lack of passwords and instructions. The High Court acknowledged the economic value of digital assets but highlighted the lack of legal tools to enforce access against private companies.

 5. Cryptocurrency and the Law

Cryptocurrency raises a particularly complex question — it is not held by banks but secured via private keys.

If no one has access to the private key, the crypto is irretrievably lost.

In 2019, the UK Jurisdiction Taskforce (UKJT) confirmed in its Legal Statement on Cryptoassets and Smart Contracts that cryptoassets are legally recognised as property under English law.

Thus, they can be inherited, taxed, and included in wills, provided access is available.

 Key reference: AA v Persons Unknown [2019] EWHC 3556 (Comm) — the High Court held that Bitcoin constituted “property” for the purposes of a proprietary injunction.

 6. Privacy, Data Requests, and the Role of Executors

After death, executors have limited power to request personal data under Article 15 of UK GDPR (Right of Access) — but only for living persons.

Therefore, access to digital data after death is governed by contract law (service terms) rather than privacy law.

Some legal scholars and the Law Commission of England and Wales have proposed reforms to extend data rights to estates, ensuring digital continuity and posthumous privacy protection.

 7. The Future: Towards a “Digital Inheritance Law”

The UK currently lacks comprehensive legislation on digital inheritance. However:

• The Law Society (2021) published guidelines urging solicitors to discuss digital assets with all clients creating wills.
• The EU’s eIDAS Regulation and Digital Services Act may influence future UK policy on data ownership after death.
• Some US states (like California) already have “Digital Assets Acts” granting executors controlled access to online data.

The UK may follow suit in the coming decade, recognising digital identity as inheritable property.

8. Practical Legal Advice

• Create a Digital Will – include passwords, crypto wallets, and cloud accounts.
• Appoint a Digital Executor – someone trusted to manage online data.
• Use official tools – such as Google’s Inactive Account Manager or Apple’s Digital Legacy.
• Aoid unauthorised access – even family members must go through legal channels.
• Keep records updated – digital services change terms frequently.

 Conclusion

Death in the digital age leaves more than memories — it leaves data, assets, and identities spread across the internet.

Without clear legal planning, that legacy can vanish into corporate servers or encrypted wallets.

UK law is evolving, but for now, the safest approach is digital estate planning — treating your online identity as you would your home, your savings, or your will.

In the 21st century, immortality may not be about the soul, but about data — and who controls it after you’re gone.

FAQs

1. What happens to my social media accounts after I die?

Answer: Major platforms allow memorialization or deletion of deceased users’ accounts.

• Facebook: Family members can request memorialization or deletion.
• Instagram: Same policy as Facebook (owned by Meta).
• UK example: In 2017, a family requested Facebook memorialization for a deceased teenager to allow friends to leave messages, keeping memories online.

2. Can my heirs access my email accounts?

Answer: In the UK, emails are considered personal data, and heirs don’t automatically get access due to GDPR.

• UK example: In 2019, the family of a deceased Brit tried to access his Gmail to retrieve work files. Google refused because there was no legal authorization.

3. What about cloud storage like Google Drive or iCloud?

Answer: Access requires proof of death and often a grant of probate.

• UK example: In London, a family obtained probate to access a deceased relative’s iCloud account for important legal and financial documents.

4. Can families delete a deceased person’s online content?

Answer: Yes, but it requires legal proof of death and relationship.

• UK example: A London family successfully removed their deceased mother’s LinkedIn profile after providing a death certificate and proof of kinship.

5. How are cryptocurrency and other digital assets handled?

Answer: They are part of the estate. Access depends on passwords, keys, or legal documentation.

• UK example: Heirs of a deceased British man accessed his cryptocurrency wallet using instructions left in his will, ensuring proper inheritance.

6. Are there disputes over digital inheritance in the UK?

Answer: Yes, these cases are becoming more common.

• UK example: In 2018, a deceased blogger’s family sued Google for access to his Gmail and YouTube to manage monetized content, highlighting legal gaps in digital inheritance.

7. Can someone impersonate a deceased person online?

Answer: Yes, identity theft after death is a growing problem.

• UK example: In 2020, a UK family reported that a fraudster used a deceased relative’s social media to scam friends, demonstrating the need for memorialization or deletion.

8. Are passwords and digital instructions legally valid in a will?

Answer: Yes, including login info in a will can help heirs manage your accounts.

• UK example: Families who included password instructions in their will successfully accessed online banking, email, and cloud storage after probate.

9. What about subscription services (Netflix, Spotify, Amazon)?

Answer: Most are account-specific; heirs cannot automatically inherit subscriptions. Some allow account closure or transfer depending on terms.

• UK example: A family contacted Amazon UK to close a deceased relative’s account and cancel recurring payments, avoiding further charges.

10. How can I plan my digital legacy?

Answer:

1. Include digital assets in your will.
2. Use password managers with legacy options.
3. Specify trusted persons to manage or delete accounts.

• UK example: Services like SafeBeyond or Everplans help Britons manage digital assets for heirs.

11. Are online memorial services common in the UK?

Answer: Yes, virtual memorials and online tributes are increasingly used.

• UK example: Following a high-profile death in 2021, a family set up an online memorial platform for friends to post memories, instead of traditional funeral gatherings due to COVID restrictions.

12. Do UK laws explicitly cover digital inheritance?

Answer: Not fully. Digital assets fall under personal data protection (GDPR) and property law but are often treated inconsistently.

• UK example: Legal experts advise including online accounts in wills, as courts currently rely on probate and explicit instructions to access or manage digital assets.

 References

• Data Protection Act 2018
• UK General Data Protection Regulation (UK GDPR)
• Law of Property Act 1925
• Wills Act 1837
• Administration of Estates Act 1925
• Trustee Act 2000

Key Laws

• Data Protection Act 2018 & UK GDPR – protect personal data of living individuals; no automatic access to deceased persons’ data.
• Wills Act 1837 – governs the execution of wills; important if digital assets are included.
• Administration of Estates Act 1925 – covers estate administration and asset transfer, including digital assets.
• Law of Property Act 1925 – regulates property rights and ownership.
• Trustee Act 2000 – governs trustees’ powers and duties; relevant if digital assets are held in trust.
• Companies Act 2006 – may apply if the deceased owned shares or digital business interests.
• Inheritance (Provision for Family and Dependants) Act 1975 – allows claims if the will or intestacy rules do not adequately provide, including digital wealth.
• Electronic Communications Act 2000 – regulates electronic signatures and messages, relevant for digital asset transfer.
• Copyright, Designs and Patents Act 1988 – protects intellectual property in digital content.

Disclosure Notice: All names and identifying details in the following case studies have been changed to protect client confidentiality. These examples are based on real scenarios, but any resemblance to actual persons or entities is purely coincidental.

Your Digital Life After Death: Lessons from UK Practices

1. Ellis v Marshall (High Court, 2021) – Lost Cryptocurrency Estate

A British entrepreneur suddenly passed away, leaving behind a cryptocurrency wallet valued at over £500,000.

The wallet keys were stored in a password manager secured by biometric authentication on his phone.

After his death, the executors could not access the account — even the police and the bank’s cybersecurity team were unable to decrypt it.

Outcome: The High Court confirmed that cryptocurrency is considered inheritable property under UK law, but without access credentials, it cannot be recovered. The funds were permanently lost.

 2. Facebook Memorialisation Dispute (Manchester, 2018)

A mother from Manchester sought access to her deceased daughter’s Facebook account to retrieve photos and messages.

Facebook refused, citing GDPR and its Memorialisation Policy.

Outcome: The court found no legal basis to compel Facebook to disclose the content, as UK data protection laws apply only to living individuals. The case highlighted a major legislative gap concerning post-mortem digital rights.

3. Re: Estate of James McKenzie (London, 2020) – PayPal Funds

After the death of an IT worker, his relatives discovered over £6,000 in his PayPal and eBay accounts.

PayPal requested a Grant of Probate and the death certificate before releasing funds.

Outcome: Once documents were provided, PayPal transferred the balance to the executor’s account. This became a model case showing how online accounts with financial value can be successfully managed under UK probate law.

4. Apple iCloud Access Case (Bristol County Court, 2019)

A widow asked Apple for access to her late husband’s iCloud account, which contained valuable professional photos and tax documents.

Apple declined, citing “non-transferability” in its Terms of Service.

Outcome: The Bristol County Court granted a limited order, allowing temporary access under the Administration of Estates Act 1925. The judge described it as a “reasonable exception in the interest of estate administration.”

5. Re: Estate of Emily Roberts (London, 2022) – The Digital Will Addendum

London solicitor Emily Roberts included a Digital Will Addendum listing her passwords and instructions for online accounts.

Upon her death, executors used it to close her social media profiles and transfer cloud photos to family.

Outcome: This case became an example of best practice, showing that proactive planning avoids legal uncertainty and emotional distress.

6. Estate of “Satoshi London” (Cryptocurrency Case, 2023)

The family of a 38-year-old London investor found multiple crypto exchange accounts (Binance, Coinbase, Kraken) after his death.

Without logins, the family’s solicitors applied for a court disclosure order under the Trusts of Land and Appointment of Trustees Act 1996 to compel the platforms to verify ownership.

Outcome: After nearly a year of proceedings, around £120,000 was recovered and transferred to the estate — a rare success in crypto recovery cases.

 7. Email Account Deletion – Re: A Solicitor’s Estate (2021)

The son of a deceased solicitor complained after his father’s law firm deleted his professional email account immediately after death.

This resulted in the loss of key correspondence and financial records.

Outcome: The court noted that the employer had no statutory duty to preserve the account but urged future guidance on digital professional data retention for legal practitioners.

8. Real Case: German Federal Court vs. Facebook (2018)

Bundesgerichtshof, Judgment of 12 July 2018 – III ZR 183/17

What Happened?

A 15-year-old girl died in an accident on the Berlin subway. Her parents requested access to her Facebook account, believing her messages could help determine whether the incident was an accident, suicide, or a crime.

Facebook refused access, arguing that:

• Access would violate privacy laws
• It would breach the rights of third parties who had messaged her
• The account had been automatically turned into a Memorialized Account

Court Decision

After years of litigation, the German Federal Court of Justice ruled that:

• Digital accounts are inheritable, just like letters or diaries
• Parents had the legal right to full access
• Facebook was required to unlock the account and provide the content

Why This Case Matters

This ruling created one of the strongest precedents in the EU regarding digital inheritance:

• Social media content (messages, photos, chats) can be inherited by family members
• Platforms cannot simply block access because the data is “online”
• Users should plan their digital legacy in advance (who gets access, account management after death, etc.)

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