Huge gap being left in wills, as loved ones navigating challenges of digital life after death

Most Australians plan for what happens to their money, their home, and their belongings after they die - but are forgetting a huge asset.

Lisa Berte, head of wills and estates at Kalus Kenny Intelex, says that "most Australians do not specifically plan for their digital assets when preparing their wills or estate plans".

From family photo libraries to banking apps and social media profiles, much of modern life now exists online. 

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However, when someone dies, access to that digital life isn't automatically passed onto loved ones, and without preparation, it can be unexpectedly difficult to retrieve.

Berte spoke to nine.com.au about the increasing number of clients that "do not recognise that their digital assets form part of their estate" and "do not turn their mind to the sentimental and/or monetary value of those assets".

It prompted her to consider the major gap that was being left in people's assets and raise awareness on the "importance of considering digital assets in the overall estate plan".

She said it was important not only to inform clients but also to consider fragmented Australian probate laws and trustee conflicts regarding digital assets. 

This includes executor adherence to platform terms and associated privacy/cybersecurity risks that Berte says require urgent national legislative reform, which also addresses the ethical obligations of legal practitioners

Berte said federal laws "can further complicate matters by restricting disclosure of personal information and criminalising unauthorised access to data, even where the intent is to administer a loved one's estate".

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When digital assets are not included in someone's will or estate plan, legal representatives and families "face significant practical and legal barriers".

The consequences for a family usually results in a significant loss of both valuable, meaningful assets and also increases the risk of "identity theft or misuse of dormant accounts".

On iCloud, users can assign a "legacy contact" who can request to access their data using a secure key and death certificate.

Similarly, Google One offers an "inactive account manager", allowing users to decide what happens to their data after a period of inactivity.

Social media platforms have followed suit.

Meta allows both Facebook and Instagram accounts to be memorialised or managed by a nominated contact.

But many people are unaware such options exist.

Catherine Ashton, founder of Critical Info, also spoke with nine.com.au about the importance of death literacy and the "unexpected challenges" of a loved one's digital legacy. 

She said when a close friend died in 2023, "we didn't have a clear record of what accounts existed or how to access them". 

"In the middle of grief, I found myself trying to piece together passwords, platforms, and permissions just to locate photos, manage accounts, and understand what needed to be closed or maintained. 

"It was stressful, time consuming, and at times felt like important parts of his life could be lost simply because we didn't know where to look."

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After the straining process of managing a digital legacy, Ashton founded the Critical Info Platform to help people document and share this information. 

"It's about helping people map what exists, where it is, and who needs access, so loved ones aren't left guessing during one of the hardest times in their lives," she said.

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