Issued by the Digital Estate Planning Institute (DEPI)
February 2026
DEPI Position
The Digital Estate Planning Institute (DEPI) holds that digital estate continuity has become a structural requirement of modern digital life.
As individuals, families, and institutions increasingly depend on digital systems to store value, exercise identity, and manage essential functions, the absence of coherent governance frameworks for continuity after death or incapacity creates systemic risk. Existing legal, fiduciary, and institutional models—largely designed for physical assets and analog systems—are no longer sufficient.
DEPI’s position is that digital estate continuity cannot be effectively addressed through ad hoc regulation, platform-specific policies, or incremental legal reform alone. Durable solutions require standards-based frameworks that operate across technologies, platforms, and jurisdictions.
Core Assertions
DEPI asserts the following:
- Digital life now exceeds legacy governance models
Digital assets, identities, and systems have evolved beyond the assumptions embedded in traditional estate planning and fiduciary frameworks. The resulting gap is structural, not transitional. - Digital estate continuity is a lifecycle concern
Continuity must be addressed throughout an individual’s digital life, not solely at the moment of death. Planning, authorization, and governance must account for incapacity, longevity, and extended digital persistence. - Legal authority alone is insufficient
Testamentary intent and fiduciary appointment do not guarantee technical access or operational control. Credentials, authentication systems, and platform governance increasingly override legal instruments. - Fragmented regulation increases risk
Jurisdiction-specific laws and inconsistent regulatory approaches create uncertainty for families, practitioners, platforms, and institutions. In the absence of shared standards, fragmentation accelerates harm. - Ethical governance cannot be delegated to platforms
Decisions about post-life control, digital memory, and identity persistence raise ethical questions that cannot be resolved through private terms of service or automated enforcement alone.
The Role of Standards
DEPI’s position is that standards are the only durable mechanism for aligning legal authority, fiduciary responsibility, technical enforcement, and ethical intent.
Well-designed standards:
- provide shared definitions and reference models
- support interoperability across systems and jurisdictions
- enable accountability and auditability
- embed ethical principles into technical and institutional processes
- remain resilient in the face of technological change
Standards do not replace law or regulation. They enable coherence where law alone cannot scale.
DEPI’s Commitment
DEPI is committed to developing and stewarding technology-agnostic, platform-neutral, and jurisdiction-respectful standards for digital estate continuity.
These standards are intended to support:
- policymakers and regulators
- legal and fiduciary professionals
- technology providers and platforms
- institutions responsible for trust, identity, and continuity
DEPI does not advocate for any specific technology, platform, or commercial solution. Its role is to provide neutral, principled frameworks that enable responsible implementation.
Relationship to the DEPI Digital Estate Continuity Standard
This position statement is informed by DEPI’s foundational white paper, The Digital Estate Continuity Gap, and underpins the development of the DEPI Digital Estate Continuity Standard.
The Standard is maintained as a separate normative document and is intended for voluntary adoption by institutions and practitioners operating across jurisdictions.
Closing Statement
Digital estate continuity is no longer an emerging issue. It is a present and growing reality.
Without shared standards, digital systems will continue to outpace the institutions responsible for governing them. DEPI’s position is clear: global, standards-based approaches are now essential to protect dignity, continuity, and trust in the digital age.
DEPI — Digital Estate Planning Institute 