As the world increasingly moves online, it raises a critical question: Are legal professionals addressing the new digital frontier when helping clients prepare their wills?
A recent survey by the national will-writing campaign, Will Aid, reveals that a significant portion of the UK population is neglecting to plan for their digital legacy. This oversight could leave grieving families not only without access to sentimental digital memories but also face practical challenges in managing the deceased’s online accounts and financial assets.
Key Survey Insights:
The survey, which polled 2,000 UK adults, shows:
• 58% believe it’s important to include access to digital assets and passwords in wills.
• 28% are indifferent to the idea.
• 14% view it as unimportant.
With these figures, a critical question arises: What are the consequences for those who haven’t incorporated their digital lives into their estate plans?
The Growing Importance of Digital Assets
From digital banking accounts to cloud-stored photographs, our online presence now holds substantial value. Michael Cressey, a partner at Hadfield Bull and Bull solicitors, stresses the significance of recognizing this shift:
“In an age where so much of our lives are online, ensuring loved ones have access to your digital accounts after you die is crucial. Many people do not realize how much valuable information is stored in their email and online profiles—from financial records to cherished photographs. Failing to leave clear instructions and passwords can cause significant emotional and logistical hardship for those left behind.”
Incorporating digital assets into estate planning is no longer a question of ‘if’ but rather ‘how.’ Could ignoring this trend leave legal professionals open to negligence claims in the future?
Navigating the Digital Maze: The Solicitor’s Role
One common challenge is the practicality of leaving behind secure instructions. Some tech companies like Apple now offer a ‘legacy’ function in their iPhone settings to help with these plans. However, are clients aware of these options? More importantly, are legal professionals guiding them toward these solutions?
Peter de Vena Franks, the Campaign Director for Will Aid, emphasizes the potential stress of leaving digital affairs unresolved:
“By planning ahead, individuals can help ensure their online legacy is managed according to their wishes, and spare their loved ones from additional stress.”
What’s at Stake?
Digital legacies are about more than just convenience; they encompass sensitive financial details and irreplaceable memories. Without clear directions, families may lose access to sentimental photographs, essential documents, and critical financial records. Additionally, managing or closing online accounts—ranging from social media profiles to banking—can become a legal and emotional quagmire for family members left behind.
Will Aid: A Call for Action
The annual Will Aid campaign, which runs throughout November, offers solicitors a chance to volunteer their time to help clients with will writing. This provides an ideal opportunity to guide clients on digital assets and legacy planning. However, how many legal professionals are actively taking the lead in these conversations?
For those in wills and estates, the next challenge may not be drafting wills but understanding digital laws and advising on digital legacies. Are you prepared to guide your clients in safeguarding their online lives?
In a world that’s increasingly online, can your firm afford to overlook this critical area of estate planning?
