If you die without leaving a Will
If you die without a valid Will in place, your digital assets will pass by the rules of intestacy along with the rest of your estate.
In this case, if you have not informed your relatives of these assets' existence, they may never be recovered.
It may also result in your digital assets passing to someone who you do not wish to have access to them, for example, for privacy reasons.
There have been examples of spouses inheriting and then accessing phones to find photographs indicating the deceased had an affair which can leave a bitter taste on an already sad and stressful event.
If you do leave a Will
If you leave a Will and have not included specific provisions for your digital assets, they will pass onto your residuary beneficiaries.
If you fail to leave instructions for your personal representatives on accessing your digital assets, they will have to contact the company with which the account is held.
These organisations often have stringent policies that could prevent your representatives from accessing your digital assets.
By including your digital assets in your Will, you can specify how you want your accounts to be managed or whether you want any private information to be destroyed.
If your personal representatives are unfamiliar with complex digital assets, they may struggle to arrange for their sale once you pass.
They may require advice from experts to deal with these or the appointment of separate executors to deal with digital assets.
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