Digital assets in your estate: crypto, photos, email and online accounts (a practical Australian guide)

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Overview

Many Australians now have valuable or important “digital assets”, including online bank accounts, super fund logins, subscriptions, photos stored in the cloud, and sometimes cryptocurrency. If nobody can find or access them after you die (or if you lose capacity), they can be lost, locked, deleted, or become a source of stress and dispute.

The core problem is simple: your executor may have legal authority to administer your estate, but still be unable to access your digital life because of passwords, two-factor authentication, device locks and platform rules. The eSafety Commissioner notes access and shut-down options vary significantly and are often limited without the right credentials, even where a death certificate is available.

This article explains what counts as a digital asset, why they cause problems in deceased estates, and what to do now.

Jurisdiction

Applicable to all Australian states and territories

The practical issues with digital assets (passwords, device access, provider processes, platform terms) arise across all states and territories, because most online services operate nationally and set their own procedures.

State and territory differences that matter

Your Will and substitute decision-making documents (such as an enduring power of attorney) are governed by state and territory law. That means document names, execution rules, and powers vary.

Also, NSW has been a lead jurisdiction on potential law reform for access to digital records after death or loss of capacity. The NSW Law Reform Commission recommended a statutory access scheme (Report 147), tabled in Parliament in March 2020, and national work on an access scheme has been discussed through Attorneys-General processes.

Practical takeaway: the estate planning steps in this article apply broadly, but your actual documents should be prepared for your jurisdiction.

What is a “digital asset”?

For estate planning, it helps to think in four buckets:

  1. Financial digital assets
    Examples: cryptocurrency, online trading accounts, PayPal and similar payment accounts, online-only savings accounts.
  2. Accounts that control money or services
    Examples: myGov-linked services, utilities, telco accounts, subscriptions with recurring payments, airline points accounts.
  3. Personal content and memories
    Examples: photos in iCloud/Google Photos, email accounts, cloud storage, social media accounts.
  4. Digital business interests
    Examples: domain names, websites, online stores, ad accounts, creator platforms.

Some items are “assets” in the traditional sense (money, tokens, saleable domains). Others are access rights governed by contract terms and may not be transferable.

Why digital assets are hard for executors

Access is often technical, not legal

Even where the executor is entitled to collect estate assets, they may be blocked by:

  • device passcodes and encrypted storage
  • two-factor authentication tied to a phone number that has been cancelled
  • password managers with no emergency access plan

The Queensland Public Trustee specifically flags digital assets as something people should plan for as part of a Will, because locating and accessing them can be challenging.

Provider rules and processes vary

Some providers will only:

  • memorialise a social media account
  • close an account and delete content
  • release limited data, and only after strict identity checks

eSafety notes that your options may be limited without access to the email address or passwords linked to each account.

Law reform is still catching up

NSW’s law reform work highlights the legal and practical barriers that can prevent legitimate access to a deceased or incapacitated person’s digital records, and recommends a statutory scheme to manage access in limited circumstances.

The most common “digital estate” problems

  • Crypto is lost permanently because nobody has the wallet access details or private keys.
  • Important accounts cannot be found (no list exists, emails are inaccessible).
  • Direct debits continue because subscriptions and online services are not cancelled.
  • Photos and files are deleted after inactivity or account closure.
  • Identity misuse risk increases if accounts remain active and unmanaged. eSafety recommends planning a digital legacy to reduce difficulties for family and limit misuse.

What to do now: a practical checklist

Step 1: Create a digital asset register (inventory)

Do not rely on memory. Create a simple register that lists:

  • platform/service name (eg Google, Apple, PayPal, Coinbase)
  • what it is (email, cloud storage, exchange, domain registrar)
  • username or account identifier (not the password)
  • where access details are stored
  • what you want done (close, transfer, download, memorialise)

Update it at least every 6 months.

Step 2: Decide outcomes, not just access

For each item, decide what should happen:

  • Transfer (eg crypto to a beneficiary, domain name to a business partner)
  • Preserve (download photos, archive emails)
  • Close/delete (social accounts, old subscriptions)

Step 3: Set up secure access instructions (without putting passwords in your Will)

A sensible approach is:

  • store passwords and recovery codes in a reputable password manager
  • enable its emergency access or nominated contact feature (if available)
  • document where the register is stored and who should get access

Avoid putting passwords or private keys directly in your Will because Wills may need to be produced to institutions and can become accessible in probate processes.

Step 4: Plan for two-factor authentication (2FA)

2FA is a frequent failure point. Practical options include:

  • ensuring your phone number is stable (not tied to a work plan that will be cancelled)
  • storing recovery codes securely
  • keeping a clear plan for how your executor gets access to the device that receives codes

Step 5: Treat crypto differently

If you hold cryptocurrency:

  • record the type of wallet (exchange account vs hardware wallet vs self-custody wallet)
  • record where the seed phrase/private keys are stored (securely)
  • record any additional steps (PIN, passphrase, hardware location)

The NSW Law Reform Commission notes the value and importance of digital records and the need for clearer access pathways, which is particularly relevant where access credentials are the only “key” to the asset.

Step 6: Address incapacity, not just death

If you lose capacity, your family often needs to manage your digital accounts immediately (pay bills, stop fraud, keep the business running).

That is where your enduring power of attorney (or territory equivalent) matters. It is the document that usually lets a trusted person act while you are alive, subject to the powers you grant and your state or territory law.

A note on privacy and “we cannot release that”

Many people assume privacy law prevents any release of information after death. In Commonwealth privacy law, information about a deceased person is generally not “personal information” under the Privacy Act, although information may still be personal information if it also identifies a living person.

In practice, providers still rely heavily on their own terms and internal policies, and may require strict proof of authority.

Quick template: your digital asset register headings

Copy these headings into a note or spreadsheet:

  • Service / platform
  • Type (email, cloud, banking, crypto, subscriptions, business)
  • Account identifier (email/username)
  • Where access details are stored (eg password manager, safe)
  • 2FA method and recovery codes location
  • What you want done (transfer, download, close, memorialise)
  • Who should handle it (executor, nominated helper)

Disclaimer

This article provides general information only and does not consider your personal circumstances. Estate planning documents and substitute decision-making powers are governed by state and territory law, and provider rules for access to accounts vary. If you have significant digital assets (especially crypto or online business interests), consider tailored professional advice.

LifeDocs

If you want your family to be able to manage your digital life without guesswork, you need two things: an up-to-date Will and the right power of attorney for your state or territory, supported by a practical digital asset register stored securely.

LifeDocs can help you prepare the core estate planning documents online, tailored to your jurisdiction, so your executor and decision-makers have the authority they need when it matters.

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