The majority of people have some sort of plan for their house, their car, or their retirement accounts. But very few have a plan for their Amazon login, their iCloud photos, or their Venmo account, which just sits around collecting nothing after they are gone. This, in turn, creates all sorts of problems.
A digital will doesn’t solve all the problems, but it solves a huge amount of the chaos. It provides families with a clear path forward, something they need during this difficult time.
Start With a Full Inventory
Before you ever look into anything legal, you need to determine what you have.
This sounds ridiculous, but it’s where the majority of people tend to get halfway through the process. You need to make an inventory. You need to list all the email accounts, all the social media accounts, all the cloud storage, all the banking apps, all the streaming services, all the crypto accounts, the PayPal, the loyalty programs, and all the accounts you log into. If you log into it, it needs to be on the list.
And it is not just the username.
The password, the security questions, and the two-factor authentication all these things need to be included. If the person who’s supposed to be handling your estate can’t even get past the login screen, then all the rest of the instructions you’ve left aren’t going to be very helpful.
This is where the password manager comes in handy. These tools allow you to store all your passwords in one central location, but also allow you to grant emergency access to the person you trust the most. It’s easier, it’s cleaner, it’s more secure.
Choose Someone Who Can Actually Handle It
Your digital executor does not have to be the same person handling your physical estate. In fact, they should not be.
What matters is that they know how to use technology and that they are someone you trust. They will need to log into accounts, download data, cancel subscriptions, and perform whatever tasks you instruct them to perform.
Choose someone who does not panic when faced with a password prompt or a difficult interface.
Also, use the tools that exist. Facebook, for example, offers the ability to designate a legacy contact, someone who can handle your account after you die. Google offers an Inactive Account Manager, which lets you decide what happens to your data should you not use the account. These tools exist, but most people don’t use them.
Write Instructions That Are Actually Useful
This is the part where things go right or go wrong.
If you write instructions that are too vague, they will not help. Saying, “Do whatever you think is best” might sound good, but it doesn’t help the executor. They will still have to wonder what you want, and there may even be disputes among family members.
Be Specific.
What do you want the executor to do with each account? Do you want the Instagram account deleted? Do you want the emails saved or deleted? What about digital files or cryptocurrency?
Write this out in clear detail. The more you write out, the easier it will be for the executor to follow through without worrying that they are doing the wrong thing.
Make It Legally Sound in the US
A digital will is not a separate document. It is part of the overall estate plan.
In the US, the majority of states use a law called the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which provides your executor with the authority to manage your digital assets but only with your permission.
That is the important part.
If you do not grant permission explicitly in your will, companies are not obligated to grant access to your information, even to your next of kin. Therefore, it is recommended that you consult an attorney specialising in estate law or use clear and direct language.
Also, consider where you store your sensitive information. It is not recommended that you store passwords inside your will. It is recommended that you store them safely and provide clear instructions on how to access them.
Finally, consider where your executor can locate your digital will. If it is not accessible to your executor, then it might not be effective.
Review It Before It Becomes Outdated
Your digital life is constantly changing. You add new accounts. You forget old accounts. Your passwords are no longer valid. New platforms emerge while old platforms go away. What was true two years ago might no longer be true today.
Schedule a yearly review of your digital will. It does not take long. It takes one hour a year to ensure that everything is up to date and makes sense.
If you do not take this step, your digital will might be half right and twice as confusing.
The Bottom Line
Your digital will is not a complicated process, but it does require some thought. It is not difficult to ensure that your digital life does not become a puzzle for someone else to solve. It is not difficult to ensure that access to your digital assets is where it needs to be. It is not difficult to ensure that your digital assets are not causing undue stress for your heirs.
Unfortunately, the vast majority of people do not consider this until it is too late.
If you take the time now, someone else does not have to take the time later.