Sample Will and Power of Attorney Language for Digital Assets

Power Of Attorney

The following language grants an attorney-in-fact specific powers to administer digital assets.

Digital Assets. My attorney-in-fact shall have (i) the power to access, use and control my digital devices, including but not limited to, desktops, laptops, tablets, peripherals, storage devices, mobile telephones, smartphones, and any similar digital device which currently exists or may exist as technology develops or such comparable items as technology develops for the purpose of accessing, modifying, deleting, controlling or transferring my digital assets, and (ii) the power to access, modify, delete, control and transfer my digital assets, including but not limited to, my emails received, email accounts, digital music, digital photographs, digital videos, software licenses, social network accounts, file sharing accounts, financial accounts, domain registrations, DNS service accounts, web hosting accounts, tax preparation service accounts, online stores, affiliate programs, other online accounts and similar digital items which currently exist or may exist as technology develops or such comparable items as technology develops.

Wills

At the very least a will should include specific powers to handle digital assets and a definition of digital assets.

Digital Assets. My executor shall have the power to access, handle, distribute and dispose of my digital assets.

 

“Digital Assets.” “Digital assets” includes files stored on my digital devices, including but not limited to, desktops, laptops, tablets, peripherals, storage devices, mobile telephones, smartphones, and any similar digital device which currently exists or may exist as technology develops or such comparable items as technology develops. The term “digital assets” also includes but is not limited to emails received, email accounts, digital music, digital photographs, digital videos, software licenses, social network accounts, file sharing accounts, financial accounts, domain registrations, DNS service accounts, web hosting accounts, tax preparation service accounts, online stores, affiliate programs, other online accounts and similar digital items which currently exist or may exist as technology develops or such comparable items as technology develops, regardless of the ownership of the physical device upon which the digital item is stored.

Optionally you may want to specify another individual who is more technologically savvy to assist the executor in handling digital assets.

I authorize my executor to engage _____________ to assist in accessing, handling, distributing and disposing of my digital assets.

Finally it may be desirable to reference an external list of digital assets and relevant user names and passwords.

I have prepared a memorandum with instructions concerning my digital assets and their access, handling, distribution and disposition. I direct my executor and beneficiaries to follow my instructions concerning my digital assets.

This sample language was drafted by Jean Gordon Carter in collaboration with Evan Carroll and John Romano. It is available for estate planners to include and adapt in their documents.