Digital Assets Will (New Zealand)

Digital assets in a New Zealand estate context include any asset that exists in digital or electronic form and has value. This covers: cryptocurrency (Bitcoin, Ethereum, and other tokens held in digital wallets); non-fungible tokens (NFTs); online investment accounts and digital brokerage accounts; PayPal and other digital payment account balances; domain names and websites (which may have commercial value); digital business assets (customer databases, software, IP); online gaming accounts with in-game currency or items; digital music, ebook, and software libraries (though these are often licences, not assets that can be transferred); social media accounts with commercial value; and cloud-stored digital files with financial value. Under New Zealand law, digital assets that constitute property pass under the deceased's Will or intestacy in the same way as other property. The executor's right to administer the estate under the Administration Act 1969 extends to digital assets. However, many digital platforms have terms of service that restrict transferability or provide that accounts terminate on death, which creates tension between the deceased's legal estate and the platform's contractual rights.

Cryptocurrency held in self-custody (in a hardware wallet or software wallet controlled by the testator's private keys) forms part of the estate and passes under the Will like other property. The critical issue is access — if the testator's private keys and recovery phrases are not documented and accessible to the executor, the cryptocurrency may be permanently lost (no third party can recover access without the private key). New Zealand testators should: document all cryptocurrency holdings, wallet addresses, and the location of private keys and hardware wallets in a secure document accessible to the executor; consider using a password manager and leaving the master password in a sealed envelope with the Will; not put private keys or passwords in the Will itself (Wills become public documents on probate under the Administration Act 1969); and appoint an executor with the technical capability to manage digital assets, or authorise them to engage a specialist. Cryptocurrency held on centralised exchanges (Coinbase, Binance, Easy Crypto NZ) may be subject to the exchange's terms of service on death — the executor will need to engage with the exchange to establish their authority and transfer the assets. A digital assets inventory (separate from the Will and kept securely) is strongly recommended.

Social media and email accounts in a New Zealand estate raise complex issues because they are typically governed by the platform's terms of service rather than property law. Most major platforms (Facebook/Meta, Google, Instagram, X/Twitter) have terms of service that do not permit transfer of accounts on death, and some provide that accounts may only be memorialised or deleted — not transferred to a third party. Facebook allows account holders to designate a 'legacy contact' who can manage the memorialised account. Google's Inactive Account Manager allows account holders to specify what happens to their data (including Gmail and Google Drive) after a period of inactivity. Apple ID accounts cannot be transferred under Apple's terms of service. For accounts with commercial or financial value (YouTube channels with monetisation, Substack subscriptions, Patreon), the executor should review the platform's terms of service and engage with the platform to maximise the estate's recovery. Under New Zealand law, the executor has authority under the Administration Act 1969 to deal with all estate assets, but this authority must be asserted against the platform in compliance with its terms. A digital assets will should list all significant accounts and provide instructions for the executor.

The Privacy Act 2020 applies to personal information about living individuals — it does not directly apply to information about deceased persons. However, the Privacy Act 2020 may still affect access to digital accounts because platforms processing personal information are governed by the laws of their jurisdiction (often the United States or European Union), which may impose their own data protection obligations. More practically, platforms often cite privacy as a reason for declining to grant third-party access to a deceased user's accounts, even where the requesting party is the executor. In New Zealand, the executor has legal authority under the Administration Act 1969 to administer the estate, including recovering estate assets. When requesting access from platforms, the executor should provide: the death certificate; probate or letters of administration; proof of the executor's identity; and a formal request citing their authority. New Zealand's Privacy Commissioner has provided guidance on accessing a deceased person's personal information. The digital assets Will should authorise the executor to access, manage, and close all digital accounts, which strengthens the executor's position when dealing with platforms. Legal advice may be required to compel access in contested cases.

A Digital Assets Will (New Zealand) does not legally require a lawyer in New Zealand, and individuals and businesses may draft and execute the document independently. The Wills Act 2007 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified New Zealand lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of New Zealand has jurisdiction over disputes arising from this type of document, and Companies Office may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.