In today’s digital world, your assets aren’t just physical—they’re online, encrypted, and stored in the cloud. From your iPhone photos to Bitcoin holdings, your digital footprint has real financial and sentimental value. Yet, many Australians fail to include digital assets in their estate planning, leaving their loved ones with legal and technical roadblocks.

Here’s how to protect your digital assets and ensure they are accessible when needed.

What are digital assets?

Digital assets include:

  • Social media accounts (Facebook, Instagram, LinkedIn, etc.)
  • Email accounts
  • Cloud storage (Google Drive, iCloud, Dropbox)
  • Cryptocurrency (Bitcoin, Ethereum, etc.)
  • Online banking and investment accounts
  • Digital subscriptions (Netflix, Spotify, etc.)
  • Domain names and websites

Without proper planning, these assets can be lost or inaccessible after your passing. Australian law does not yet have comprehensive legislation addressing digital asset inheritance, meaning proactive planning is essential.

Setting up an iPhone Legacy Contact

Apple’s Legacy Contact feature allows you to grant a trusted person access to your iCloud account after your death. This is especially useful for retrieving sentimental photos, important documents, or managing account closures. Here’s how to set it up:

  1. Open Settings on your iPhone.
  2. Tap your Apple ID (your name at the top of the screen).
  3. Select Password & Security or Sign-In & Security
  4. Tap Legacy Contact and follow the prompts to add a trusted person.
  5. Share the access key with them securely.

Once Apple receives proof of your death, your Legacy Contact can access the approved data.

Setting up a Legacy Contact for Social Media & Email

Facebook Legacy Contact
Facebook allows you to designate a Legacy Contact who can manage your profile after your passing. To set it up:

  1. Open Facebook and go to Settings & Privacy.
  2. Select Settings, then Memorialization Settings.
  3. Choose a Legacy Contact and notify them.
  4. They will be able to manage tributes and request profile deletion.

Instagram Memorialization
Instagram accounts can be memorialized, but there is no specific legacy contact feature. Instead, your loved ones can:

  1. Go to Instagram’s Help Center.
  2. Submit a Memorialization Request with proof of death.
  3. The account will be frozen and preserved as a tribute.

Gmail Inactive Account Manager
Google allows users to designate a trusted contact to access their Gmail and other Google services after prolonged inactivity. To set it up:

  1. Go to Google’s Inactive Account Manager (myaccount.google.com/inactive).
  2. Click Start and follow the prompts.
  3. Add a trusted contact and specify what they can access.
  4. Set up an inactivity period before transfer.

Managing Cryptocurrency in Your Estate Plan

Unlike traditional bank accounts, cryptocurrencies like Bitcoin are decentralised, meaning no bank or institution can grant access if you fail to leave instructions. If you hold cryptocurrency, take these steps:

  1. Securely Store Private Keys & Wallet Information – Use a password manager or a physical backup stored in a safe location.
  2. Include Cryptocurrency in a Letter of Wishes which accompanies your Will – Clearly outline your holdings and who should inherit them.
  3. Use a Digital Executor – Appoint someone tech-savvy to handle your digital assets in your estate.

Under Australian law, digital assets are generally considered property and can be dealt with in a will.

However, issues arise with platforms that restrict account transfers due to terms of service agreements. This makes proper documentation crucial.

Digital assets and their legal considerations in Australia

Currently, there is no single Australian law that governs digital asset inheritance. However, general estate law applies, meaning digital assets can be included in your will. To ensure your wishes are followed:

  • Keep a digital asset inventory with clear access instructions.
  • Review platform terms of service (some accounts, like Facebook, offer legacy settings, while others prohibit transfer).
  • Consult a wills and estates lawyer to create a strategy that aligns with your estate plan.

Take Action Now

Digital assets are often overlooked in estate planning, but they shouldn’t be. By taking proactive steps—like setting up a Legacy Contact, securing cryptocurrency, and working with a lawyer—you can ensure your digital legacy is protected.

Need help structuring your digital asset estate plan? Contact RJM Wills & Estates today to safeguard your online presence for your loved ones.