What happens to your rewards points and other digital assets when you die?

What are digital assets?

Digital assets may include:

• Cryptocurrency (e.g. Bitcoin)
• Frequent flyer points (e.g. Qantas Frequent Flyer, Velocity Frequent Flyer)
• Reward and loyalty points (e.g. Flybuys, American Express)
• Digital libraries (e.g. Spotify, Audible, Apple Music)
• Email accounts and cloud storage (e.g. Google, iCloud)
• Social media accounts (e.g. Facebook, Instagram, LinkedIn, X)
• Intellectual property rights to online content (e.g. YouTube videos, blogs)

Some of these digital assets can have significant financial value, such as cryptocurrency or frequent flyer points. Others may hold significant sentimental value, such as digital photographs or playlists.

Who controls your digital assets after you die?

In Australia, your Executors do not have automatic authority to access digital assets. Instead, access is determined by the provider’s terms of use or licence agreement. Understanding the rules for each type of asset is key to protecting their value and ensuring they are handled according to your wishes.

The protocols for some of the most common digital assets are outlined below.

Cryptocurrency

Cryptocurrency is protected by private keys or unique passwords. Without this information your Executors or beneficiaries may be unable to access your cryptocurrency, even if it is referenced in your Will.

Tip: It is critical to record and store wallet locations and login credentials securely, and ensure your Executors know how to access that information.

Frequent flyer points

Rewards points / loyalty points

Tip: Some programs allow additional members on an account. Adding a trusted person while you’re alive may ensure they can use the points even after your death.

Digital book and music libraries

When you buy or download songs, books or films from a digital provider, you are usually buying a licence to use the content and do not actually own the product.

These licences typically cannot be transferred after your death.

Email, cloud storage and social media accounts

Most platforms have strict privacy rules that prevent access, even by Executors.

However, some platforms allow you to pre-authorise trusted persons to access your accounts. For example:

• Google’s Inactive Account Manager allows you to name up to 10 trusted people to receive access to your data. It allows you to specify what they can access (e.g. Google Photos, Gmail, Google Drive) and also allows you to choose whether your account should be deleted
• Apple’s Legacy Contact allows you to nominate one or more trusted contacts to access all of your Apple account data (including iCloud photos, Mail, Notes, Messages etc) after you die.

Tips: Set up account-specific legacy tools where available. Avoid placing passwords in your Will, but instead list important accounts in a Statement of Wishes.

Intellectual property rights to online content

If you’ve created original content (such as videos, music, or blogs) you may hold intellectual property rights that form part of your estate. This may depend on factors like:

• Whether you (as opposed to a third party) own the copyright in the content
• Platform-specific terms of service that may have a bearing on whether you can include it as an asset of your estate

Whether or not there is value in such content may be influenced by factors such as:

• The extent to which the content is monetised (e.g. through YouTube ad revenue) or has scope to be so monetised
• Whether there is likely to be enduring value in the content.

What to consider:

• Include any intellectual property rights in your Will
• Store passwords for platforms that generate revenue
• Document revenue streams and contracts if monetised

Clear instructions can help your beneficiaries continue or close these ventures appropriately.

How to protect your digital assets for your loved ones

You should consider each of your digital assets as part of your estate plan. This may include:

• Including digital assets in your Will (with the advice and guidance of an estate planning lawyer)
• Preparing a Statement of Wishes to clarify what you would like to happen with your digital accounts
• Creating a secure password bank and storing it in a secure location that can be accessed by your Executors

For advice on protecting your digital assets for your loved ones, please contact a member of our Estate Group below.

This is a guide only and does not constitute legal advice.

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