What is a digital will?
A digital will is a document, created and stored in electronic format, in which a person records their last wishes, instructions, and succession decisions.
It can include:
- distribution of assets,
- access to digital accounts,
- instructions regarding social media,
- personal or property decisions.
Although it is still an evolving concept, its relevance grows as our lives — and our assets — become increasingly digitalized.
Does a digital will have legal validity in Spain?
The general rule in Spain remains that a will must be made before a notary, in a public deed.
However, technology has introduced new modalities that are valid, provided they meet the legal requirements:
✔ Electronic notarial will
The testator appears before a notary using electronic systems with a digital signature.
This type of will is fully valid.
✔ Digital holographic will
There is no specific regulation validating it if it is only signed digitally.
A digitally written document without authentication does not have the same validity as a traditional will.
✔ Digital will platforms
Some companies store digital instructions, but for them to be valid, they must be formalized subsequently before a notary.
In summary: the digital will is useful as a tool, but legal certainty still lies within the notarial domain.
What content can a digital will include?
A digital will can cover both patrimonial and non-patrimonial matters:
- access keys to devices and online accounts,
- instructions regarding social media (Facebook, Instagram, email),
- distribution of digital assets (cryptocurrencies, NFTs, web domains…),
- instructions on how to manage personal content,
- traditional succession wishes.
More and more people have “digital assets”, and a digital will helps manage them in an orderly fashion.
Advantages of a digital will
Agility and speed
It allows you to prepare a draft or initial wishes without needing to travel.
Security and centralized storage
Digital systems allow information to be kept protected.
Easy updates
It is easier to review and modify your decisions.
Confidentiality
It allows you to keep personal or sensitive details private.
Important precautions
Despite its advantages, a digital will does not replace a notarial will.
Key recommendations:
- always formalize it before a notary to give it full validity;
- periodically review the information, especially passwords;
- avoid platforms that promise “legal wills” without involving a public officer (fedatario público);
- consult with a professional to avoid nullities or challenges.
Practical example
Imagine that a person leaves a digital document containing:
- instructions regarding their bank accounts,
- access passwords,
- who should manage their social media,
- how their cryptocurrencies should be distributed.
If there is no notarial will, these indications may lack validity and cause conflicts among heirs.
But if the digital will is used as a basis for drafting a notarial will, it becomes a very useful tool.
Frequently Asked Questions (FAQ)
Can I make only a digital will without going to a notary?
It is not recommended. It does not guarantee legal validity.
Can a digital will serve as proof of intent?
It can serve as guidance, but it does not replace a notarial will.
What happens to my social media if I leave no instructions?
The internal policies of each platform will apply. It can be complex for family members.
Professional CTA
Do you want to ensure that your last wishes — digital and traditional — have full legal validity?
As a lawyer specializing in succession law, I help you to:
- prepare your digital will,
- transform it into a valid notarial will,
- protect your digital assets and your privacy.
Write to me and I will advise you throughout the entire process.