Digital Assets in Wills: Wills & Estate Planning Law Says in 2025
In today’s increasingly digital world, our lives are not only reflected in physical assets like property, savings, and investments but also in the vast range of digital assets we accumulate. From online banking and cryptocurrency to social media accounts and cloud storage, these digital assets have become an integral part of modern life. Yet, many Australians overlook including them in their wills. As we enter 2025, Australia’s Wills & Estate Planning Law has adapted to address the growing complexities of digital assets and how they should be managed after death.
What Are Digital Assets?
Digital assets refer to any form of information, content, or property that exists in a digital format. Examples include:
Cryptocurrency and NFTs - Bitcoin, Ethereum, and digital collectibles.
Social media accounts - Facebook, Instagram, LinkedIn, TikTok.
Online financial accounts - PayPal, online-only banks, and trading platforms.
Cloud storage and emails - Google Drive, Dropbox, Outlook.
Digital subscriptions and loyalty programs - Netflix, Spotify, airline points.
Unlike physical assets, digital property can be difficult to access or transfer without explicit instructions in a will.
The Legal Position in Australia (2025)
As of 2025, Australia does not have a single uniform law that governs digital assets in wills. Instead, it is guided by general principles under succession law and the terms of service agreements from online platforms. However, legal practice has evolved significantly in recent years:
Recognition of Digital Assets in WillsCourts and estate planners now encourage individuals to list digital assets explicitly in their wills. This ensures executors can manage or close accounts properly.
Executor PowersExecutors have clearer authority to access and deal with digital property, though they remain bound by privacy laws and platform terms. For example, some platforms only allow accounts to be “memorialised” rather than transferred.
Cryptocurrency and Digital WealthWith the growth of blockchain technology, legal frameworks increasingly recognise cryptocurrency as property that must be valued, disclosed, and distributed like any other estate asset. Failing to include wallet access details can result in assets being permanently lost.
Data Protection and PrivacyThe Privacy Act 1988 (Cth) still applies, meaning executors cannot override privacy rights without express legal authority. Thus, it is essential to grant permission in a will or an accompanying digital asset memorandum.
Challenges in Planning for Digital Assets
Despite growing awareness, several challenges remain:
Access Restrictions - Many tech companies refuse to share account details, citing privacy rules.
Lost Passwords - Without secure records, heirs may never retrieve valuable assets.
Rapidly Changing Laws - Digital estate law is still evolving, with different rules across jurisdictions.
Emotional Considerations - Families often struggle with decisions about online memorials, photos, and personal messages.
Best Practices for Australians in 2025
If you want to ensure your digital assets are properly handled, consider these steps:
Create a Digital Asset InventoryList all accounts, subscriptions, and digital properties, including usernames and instructions. Avoid including passwords in the will itself; instead, keep them in a secure digital vault.
Include Digital Assets in Your WillExplicitly mention who should manage your online accounts, cryptocurrency, and cloud storage. This ensures executors have the legal authority to act.
Use a Digital Legacy ServicePlatforms such as Google and Apple now allow users to nominate “legacy contacts” who can access accounts after death.
Seek Legal AdviceProfessional guidance ensures compliance with both Wills & Estate Planning Law and digital platform policies. A lawyer can also draft a memorandum of wishes to guide your executor.
Why This Matters Now
Australians’ digital wealth is growing faster than ever, and ignoring it can cause confusion, legal battles, and financial loss for loved ones. Whether it’s cryptocurrency worth thousands of dollars or cherished family photos, your digital assets deserve the same protection as your home or savings.
As we step into 2025, it is clear that estate planning must evolve with technology. Digital assets are no longer secondary—they are central to modern legacies. By incorporating them into your estate planning, you can protect your loved ones and ensure that your digital footprint is handled according to your wishes.
Don’t leave your digital legacy unprotected. At New South Lawyers, our experienced team can help you navigate Australia’s Wills & Estate Planning Law and secure both your physical and digital assets.
