What is a digital will?
A digital will is a legal document that allows a person to determine what will happen to their digital assets after their death. In the digital age, it is increasingly common for citizens to own online assets, such as digital bank accounts, social media, cryptocurrencies and other virtual assets, creating a need to regulate their post-mortem management.
Why is a digital will important?
Digital assets have both significant financial and emotional value. Without a digital will, family members may face difficulties in accessing them or, in some cases, they may be disposed of without notice.
Legislation in Spain is still evolving in this area, but it is advisable to include digital assets in the traditional Will or to draw up a specific Will for these assets.
Regulation of digital wills in Spain
In Spain, some autonomous communities have started to regulate this aspect. Law 10/2017 of Catalonia was a pioneer in the management of digital inheritance, allowing heirs to access the digital content of the deceased.
At national level, Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights, in its Article 96, establishes the right of access, modification or deletion of digital data of deceased persons. This access is reserved to heirs or persons authorised by the deceased.
In addition, the European Data Protection Regulation (GDPR) provides that personal data of a deceased person can be managed by the heirs if so stipulated by national regulations.
What assets can be included in the digital will?
- Social media accounts: Facebook, Instagram, Twitter and LinkedIn offer options for the management of deceased accounts.
- Bank accounts and payment platforms: PayPal, Bizum or neobanks.
- Cryptocurrencies and digital wallets: Bitcoin, Ethereum and other cryptocurrencies should be accessible via private keys.
- Email and cloud storage: Gmail, Outlook, Dropbox and Google Drive.
- Websites and blogs: Sites with registered domains.
Steps to prepare a digital will
- Make an inventory of digital assets: List all relevant digital accounts, platforms and assets.
- Appoint a digital executor: Choose a trusted person to manage the digital assets after death.
- Include clear instructions in the traditional or notarised will: Specify how digital assets are to be managed and provide secure access.
- Periodically review the list of digital assets: Update the digital will as new assets are acquired or access changes.
Ways of validating the digital will
In order for the digital will to be legally valid, it can be formalised in the following ways:
- Notarial Will: Executed before a notary and incorporated into the traditional will to guarantee its legality.
- Holographic testament: Written in the testator's own handwriting, which must be validated by a court after his or her death.
- Digital power of attorney: Authorising a trusted person to manage digital assets during the testator's lifetime.
- Registration on digital platforms: Some companies allow the designation of a legacy contact for account management.
- Digital safekeeping: Specialised companies that store credentials and documents to ensure secure access by heirs.
What happens if access codes are not provided?
If you grant a digital will but do not provide your executor with the necessary access codes to manage your digital assets, a number of legal and practical problems can arise when executing the will. To avoid these complications:
- Use a password manager: Tools such as LastPass or 1Password can store passwords and share them with people you trust in the event of your death.
- Leave clear instructions in the will: Provide details about access and safekeeping of passwords in a secure manner.
- Appoint a digital executor on platforms: Some social networks and services allow you to appoint a post-mortem administrator to act after death.
The digital will is a fundamental tool in the technological era, ensuring the correct management of digital assets after death and avoiding legal and emotional problems for family members and heirs. Formalising it properly guarantees the fulfilment of the testator's wishes and the preservation of digital assets.
You can download a completely free Digital Will template at www.milcontratos.com
