Updated 27 October 2026
Administration of Estates - Potential Problem #39: Conflict Over Digital Legacy
CM Lawyers wills and estates services
Why digital legacies create estate disputes
A digital legacy can include family photographs, emails, cryptocurrency, an online shop and income from creative work. After a death, disputes may concern who owns an asset, who can access records, or whether an account should be preserved, memorialised or deleted. These are different questions, and one person may not have authority to decide them all.
For NSW families and executors, early preservation and clear documentation matter. A will should address property and rights that can pass through the estate, while a separate access plan should identify accounts and lawful recovery processes. Neither a password nor a legacy-contact nomination automatically settles ownership.
Separate ownership from access
A device, its stored files, the copyright in those files and the account used to store them can involve different rights. Buying a digital product may provide a personal licence rather than a transferable asset. The NSW Law Reform Commission’s report on digital records explains these distinctions and the difficulties caused by service agreements.
The report contains reform recommendations; it should not be treated as an automatic legal entitlement to enter every account. Executors should check the particular service, applicable law and documents required. A beneficiary who receives a laptop should not assume that every business file or online account accessible through it belongs to them.
Likewise, a nominated platform contact may have limited powers over stored data without becoming the estate’s executor. Have the will and account settings reviewed together so that the intended roles are clear.
NSW Trustee and Guardian recommends listing digital records and online accounts and ensuring the executor knows where to find that information. Include email addresses, account names, websites, cloud storage, payment services, subscriptions and any revenue-generating activity. Identify devices and the people or organisations holding relevant records.
For each important item, record its purpose, apparent owner, renewal date and the provider’s process after death. Note whether the goal is to preserve information, request a permitted transfer, memorialise a profile or close an account. Separate sentimental material from business records that require continuing administration.
Keep passwords, private keys and recovery phrases out of the will and ordinary family emails. Arrange secure storage and a practical way for the authorised representative to locate the recovery instructions. Review the inventory when accounts, devices or trusted contacts change.
Apple’s Legacy Contact process allows a nominated person to request certain account data using the generated access key and a death certificate. It excludes purchased films, music, books and subscriptions, as well as iCloud Keychain information such as passwords, passkeys and payment details. Apple also states that, where several contacts are appointed, any one can independently make decisions including deletion.
Google’s Inactive Account Manager can share selected data with chosen contacts after a specified period of inactivity. Its trigger is inactivity, rather than automatic notification of death. Choose the data and contacts carefully and review those choices periodically.
Google separately considers requests concerning a deceased user’s account. It does not provide passwords or login details. Closing an account prevents a later request for its contents, so resolve preservation needs first.
For social media, consult Facebook’s legacy-contact guidance and Instagram’s separate guidance before making requests. Check the permissions and memorialisation or deletion process for the actual service. Do not assume that similarly named features provide identical powers.
Plan separately for cryptocurrency
Identify whether crypto is held through an exchange or controlled through a self-custody wallet. Moneysmart explains that losing a private key usually means losing access to the crypto. A will naming a beneficiary cannot recreate a missing recovery phrase.
An exchange may have a documented estate process. For example, Coinstash’s deceased-estate guidance requires a death certificate, probate or letters of administration, and a verified account in the claimant’s name. That is its particular procedure, not a universal rule for all providers.
For self-custody holdings, obtain competent advice about secure recovery arrangements before they are needed. The executor should know how to identify the wallet and locate authorised recovery instructions without making security secrets widely available. Do not send keys or recovery phrases to unsolicited recovery services.
Record balances and transactions, obtain appropriate valuations and retain acquisition information. Seek accounting advice before selling or distributing holdings. Price movements and transfer errors can materially affect what remains available to beneficiaries.
Check business and creator ownership
An online business may involve company property, shared intellectual property, customer obligations and contracts with advertisers or platforms. Review ownership records, collaboration agreements and licences before treating everything associated with the deceased’s profile as estate property.
ASIC explains that company assets belong to the company, rather than its shareholders. The deceased’s shares may form part of the estate without the company’s website or trading accounts becoming estate property. Business continuity also requires checking who can lawfully make company decisions.
The Attorney-General’s Department explains that copyright can pass after death. However, ownership of particular photographs, videos, music or written material must be established. Review employment, commissioning and assignment arrangements, together with royalty and sponsorship contracts. A family member’s access to a creator account does not by itself resolve those rights.
Record unpaid revenue and ongoing expenses. Check hosting and domain renewals before cancelling services that support a business or valuable archive.
A real NSW case about a digital will
In Alan Yazbek v Ghosn Yazbek & Anor [2012] NSWSC 594, the Supreme Court of NSW considered a Word document called Will.doc found on the deceased’s laptop. Family members disputed whether it was his will. The Court examined evidence about the document and the deceased’s intentions, and declared the electronic document to be his will under section 8 of the Succession Act 2006.
This was an informal-will case, not a ruling granting unrestricted access to online accounts or ownership of platform licences. Its practical lesson is to preserve devices and records that may contain testamentary evidence. An electronic note should not be assumed to replace a properly prepared will.
If relatives or business partners disagree, identify precisely what is disputed: ownership, access, payment, copying records or deletion. Preserve relevant devices, contracts and correspondence, and keep a record of requests made to providers. Avoid wiping devices, deleting accounts or moving disputed assets before obtaining advice.
Ask the lawyer whether an interim preservation agreement, a provider request or urgent court assistance is appropriate. Where technical evidence matters, obtain advice about forensic preservation before browsing or changing files. Independent valuation and mediation may help resolve commercial disagreements, but settlement must address the actual rights involved.
Keep estate records of income, expenses and dealings with digital assets. NSW guidance on executor tax responsibilities explains that returns may be required for the deceased and the estate. Provide the accountant with transaction histories and business records before finalising distributions.
Coordinate the plan with your will
Tell your solicitor which digital assets have financial value, which records matter to family members and what should remain private. Discuss whether the executor needs technical assistance and how that assistance will be authorised. A separate wishes document can provide practical guidance, but should not be used casually to change gifts in the will.
Review provider nominations alongside the will, especially after a relationship change or the death of a nominated contact. Check that the person expected to help is willing and can locate the relevant instructions.
Speak with Christine about your digital estate
Christine Manolakos and CM Lawyers’ estate administration team can help identify legal issues involving digital records, disputed ownership and executor responsibilities. Our wills and estates services can also help coordinate succession planning with practical access arrangements.
Contact CM Lawyers before deleting accounts or dealing with disputed digital assets. This guide should always be checked by a lawyer against your circumstances, with technical and tax advice obtained where needed.
General information only. Obtain legal advice tailored to the estate, with specialist technical and tax advice where required.
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