10 pitfalls to avoid and 10 best practices for documenting digital wishes in a will

Flora Minaire
March 29, 2024
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3 min. of reading
Documenting your digital wishes

In our digital age, it's essential to consider the impact of our online lives on our estates. Digital assets, such as online accounts, social media and virtual property, require specific planning to ensure their future management in the event of death. Yet documenting digital wishes in a will can present unique challenges and pitfalls to avoid.

In this article, we'll explore 10 pitfalls to avoid and 10 best practices for documenting digital wishes in a will, to help individuals navigate this complex and crucial area of estate planning.

10 pitfalls to avoid when documenting digital wishes in a will

  1. Ignoring the importance of digital wills in a traditional will.
  2. Forget to update digital information regularly.
  3. Failure to inform trusted third parties of the location and access to digital information.
  4. Use unsecured platforms to store sensitive information.
  5. Forget to appoint a digital executor to manage online affairs after death.
  6. Disregard local laws and regulations concerning digital assets.
  7. Neglecting to take into account the conditions of use of online services for the transmission of data after death.
  8. Failure to properly assess the value of digital assets for inclusion in the will.
  9. Ignoring the tax consequences of digital assets for heirs.
  10. Failure to consider the complex legal implications of digital assets in the will.

10 best practices for documenting digital wishes in a will

  1. Start by drawing up a complete list of digital assets and online accounts.
  2. Use a secure digital safe to store sensitive information and passwords.
  3. Appoint a competent and trustworthy digital executor.
  4. Inform family and friends of the existence of digital assets and the location of relevant information.
  5. Draw up clear instructions on how to manage digital assets after death (preservation, deletion or transmission).
  6. Consult a legal professional (e.g. your notary) to ensure that digital wishes comply with local laws.
  7. Review the privacy policies of online platforms to understand privacy options after death.
  8. Inform loved ones of the existence and location of important digital information.
  9. Revise the will regularly to reflect changes in digital assets and personal preferences.
  10. Consider the use of online estate management solutions to simplify the process of managing digital assets after death.

Documenting digital wishes in a will has become as important as traditional estate planning. By avoiding common pitfalls and following the best practices listed in this article, you can ensure effective and respectful management of your digital assets after your death. Whether it's compiling a comprehensive list of your online accounts, appointing a competent digital executor, or consulting a legal professional, every step helps to ensure your loved ones' peace of mind and preserve your digital legacy for generations to come. Don't wait, start documenting your digital wishes today for a safer, more transparent future.

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