You’ve spent years building a digital life, photos stored on your phone, money in your M-PESA account, a thriving social media presence, and even a little Bitcoin in your digital wallet.
But what about when you’re not around to enjoy all this stuff?
If you don’t have an estate plan, your loved ones may be left in the dark about where your treasures are, how to get to them, or what to do with them, and some could even be lost to history.
This is where digital assets estate planning in Kenya comes in, ensuring that your online assets are shared precisely as you wish after you are no longer there.
Here is a rundown of digital assets, why they are essential, and how to integrate them into your estate plan in Kenya. You’ll feel equipped to secure your digital legacy confidently by the end.
What Are Digital Assets in Estate Planning?
Let’s start with the basics. Digital assets are anything you own or control on your computer and online accounts. They could be from Kenya:
- M-PESA: Money in your mobile wallet.
- Crypto: Bitcoin, Ethereum, or other type of digital money.
- Social media accounts: Your Facebook, Instagram, or Twitter profiles.
- Emails: Gmail, Yahoo, or work email on your iPhone.
- Digital photos and documents: Family photos and videos, or essential files kept on your phone, computer, or any mainstream cloud service, such as Google Drive.
- Online banking accounts: Bank accounts with KCB, Equity, or Co-operative Bank.
- Other digital property: Blogs, domain names, and digital music libraries.
These assets may have financial value (like M-PESA or crypto) or sentimental value (like family photos). Digital assets estate planning in Kenya ensures that these assets are rolled over or controlled by your wishes after you die.
Without a plan, your family members could encounter legal tangles, have to go through the probate process, or find your accounts locked, lost, or compromised.
Why Digital Assets Estate Planning in Kenya Matters
In Kenya, traditional succession laws might not adequately address digital assets. If you do not provide clear instructions, this can become a problem for your family. For example:
What will happen to my online accounts when I die?
Securing e-things is nearly impossible once you’re gone. If you don’t leave instructions for access, your family won’t be able to log into your Gmail, Facebook, or digital coins like bitcoins.
What’s on M-PESA when someone dies?
If you die without a will or guidance, trying to access your M-Pesa balance will be a nightmare for your loved ones.
Is it possible to inherit cryptocurrency in Kenya?
Yes, but keep track of how to access your crypto wallet and its private keys.
Digital estate planning in Kenya protects your digital legacy and online identity management. It’s a way to give your family peace of mind and avoid disputes or losses.
Digital Inheritance Laws in Kenya
Kenya’s Law of Succession Act governs estates, but with a hitch: it doesn’t mention digital assets. There is this void in inheritance statutes in Kenya, which will make handling digital assets in estate planning in Kenya even a bit more sensitive.
When you die, your estate, including digital assets, becomes subject to your will or, if you don’t have one, the laws of intestacy.
If you die without a will, your digital assets form part of your residuary estate and are distributed under the Law of Succession Act.
For instance, your partner or children may inherit your M-PESA balance or cryptocurrency, but they would need the legal authority to access these.
Without such guidance, they may struggle, for instance, with service providers’ terms, such as those of Safaricom or Facebook, which often have stringent rules on posthumous access.
What are the laws governing digital property post-death in Kenya? Now, they treat digital assets like any other property you own.
However, getting to them can be difficult due to privacy policies or forgetful heirs who don’t have your login information. That’s precisely why digital assets estate planning in Kenya is necessary–filling in the gaps.
Step 1: Identify Your Digital Assets
The beginning of digital assets estate planning in Kenya is assessing your holdings. Open a secure document on your computer, grab a notebook, and list your digital assets. Here’s a simple way to do it:
- Financial assets: Include your M-PESA account and any online banking accounts, or even cryptocurrency wallets (such as Bitcoin or Ethereum) you might have.
- Social media: Signing up for social media. Use their Facebook, Instagram, Twitter, LinkedIn, or TikTok.
- Email accounts: Write down any Gmail, Yahoo, or other email accounts you use.
- Digital media: Keep track of where you keep photos, videos, or documents (such as on Google Drive, iCloud, or your phone).
- Other assets: Don’t overlook blogs, domain names, or digital subscriptions like Netflix or Spotify.
Document each asset’s platform, username, and associated email addresses. This is the basis of your digital assets estate planning in Kenya. This inventory is the cornerstone of your estate planning for digital assets in Kenya.
Step 2: Decide What Happens to Each Asset
Now that you know what you’ve got, think about what you want to happen to each asset when you’re gone.
How will Kenyan wills factor in digital assets? You can write a will that gives your family specific directions. For example:
- Digital Photos and Documents in Estate Planning: Do you want your family to inherit your Google Drive photos? Decide who may access it and in what ways.
- How to include M-PESA in a will: You could say that your M-PESA balance should be left to someone, but you’ll need to include access information separately.
- How to pass on your crypto assets in Kenya: Cryptocurrency is inheritable, but your family needs your private keys. Without them, you could lose access to your Bitcoin for good.
Be explicit on whether you want accounts shut down, transferred, or preserved. You may wish to save these for your children for sentimental stuff, like photos.
You’ll want to guarantee access legally and securely for financial assets, such as M-PESA or cryptographic.
Step 3: Appoint a Digital Executor in Kenya
A digital executor in Kenya is someone you appoint to manage your digital assets after you are gone.
This person doesn’t need to be your regular executor (who deals with your physical assets), but they should be tech-savvy and understand internet identity management.
How can I designate a digital executor in Kenya? In your will, appoint someone as your digital executor, and detail what you want them to do.
For instance, by my instructions, you might say, “I appoint [Name] as my digital executor to handle my M-PESA, cryptocurrency, and social media accounts.” Choose someone who:
- Is tech savvy (knows how to get to crypto wallets or social media).
- Is reliable and will conduct as you direct.
- Can accept sensitive data such as passwords.
Your digital executor will collaborate with ordinary executors to ensure your digital estate planning in Kenya runs successfully.
Step 4: Securely Store Access Information
Passwords cannot be included in your will because wills are made public during probate in Kenya.
Instead, start a separate Digital Assets Memo where you list your login details — usernames, passwords, and two-factor authentication codes. Here’s how to keep it safe:
Write a memo: Create a document and list your accounts, URLs, and login information. Keep it with your estate planning lawyer, or somewhere safe, and tell your digital executor where to find it.
Encrypt digital files: If you file this memo on your computer or in the cloud, encrypt it so hackers cannot access it.
Estate planning and a password manager are a match made in heaven. With a password manager, you can create a digital estate plan in Kenya much more easily by ensuring everything is organized and secured.
Step 5: Include Digital Assets in Your Will
Now, it’s time to formalize your wishes. How do we include digital assets in a will in Kenya? Refer to your Digital Assets and your Digital Assets Memo in your will. For example:
“I appoint my digital executor to administer my digital assets, such as M-PESA, cryptocurrency accounts, and social media accounts, as specified in my Digital Assets Memo, which may be found at [location].”
You don’t have to name every account in the will; you can refer to your digital assets in a separate memo. This ensures your wishes are legally binding and will also safely store your sensitive information.
Do Kenyan wills enclose online accounts such as Gmail and Facebook?
Well, yes, but you have to be specific. For instance, you could write “My Gmail account should be accessed by [Name] to find important texts.” See a lawyer to ensure your will follows the Law of Succession Act.
Best Practices for Tech-Savvy Kenyans
If you’re a young professional in Nairobi or a member of the Kenyan diaspora, here are a few ways to make Will Kenya’s digital assets estate planning easier:
- Leverage platform tools: Platforms such as Google (Inactive Account Manager) and Facebook (Legacy Contact) allow you to organize posthumous access. Read each platform’s terms of service.
- Update regularly: Revisit your Digital Assets Memo yearly to include new accounts or update passwords.
- Think like a trust: A trust can offer more privacy and control than a will for high-value assets, such as cryptocurrency. Unlike wills, trusts are not subject to the public probate process in Kenya.
- Keep your privacy: Protecting your data after you die is something you should think about. If you have multiple accounts, specify which ones you want closed to avoid unauthorized access.
- Seek legal advice: Seek the counsel of a Kenyan lawyer with practical experience in succession law in Kenya to ensure your will is valid and provides for your digital assets.
The Future of Digital Assets Estate Planning in Kenya
Kenya’s Inheritance laws are still catching up with the digital era. The government could issue cryptocurrency regulations as more Kenyans use M-PESA, cryptocurrency, and social media.
For now, digital assets estate planning in Kenya uses a creative use of wills, trusts, and memos to fill that gap.
The emergence of blockchain technology and smart contracts could also shift the landscape. Now imagine a smart contract that automatically sends your Bitcoin to your heirs when you die, no intermediary required.
This is not yet common in Kenya, but an indication of where the future lies for digital assets estate planning in Kenya.
Final Words
Your digital life is part of your life story, memories, money, and digital identity. Estate planning for digital assets in Kenya will help ensure your story continues as you want after you’re gone.
You can protect your digital legacy by identifying your assets, deciding what you want to happen to them, appointing a digital executor, securing your login details, and including instructions in your will.
You shouldn’t wait for the laws to be there. Get your online estate planning in Kenya now. At a reasonable cost, you can speak to an estate planning attorney in Kenya, draft your Digital Assets Memo, and begin managing your online identity. You can protect your precious digital mementos; your family will thank you.
FAQs
What Happens to M-PESA and Other Assets Without a Plan?
In that case, your family must show Safaricom a death certificate and prove they have a legal right to manage the estate (e.g., a document known as a Grant of Probate). This can stretch over months; without your PIN, it is even more difficult.
Who owns digital accounts after death in Kenya?
Only your executor or someone else with legal authority (such as a court-appointed administrator) can access your accounts; however, they will need your account login details and approval from the service provider.
Can you inherit cryptocurrency in Kenya?
Sure, cryptocurrency is property under the Law of Succession Act, but the information is trapped behind a need for private keys. Without them, your loved ones may not be able to access them.
