A model clause for your will or trust

Version 4. Effective 30 October 2026.

Last updated: 30 October 2026.

This is not legal advice. It is a plain model clause that you can take to your own attorney, who can adapt it to your will or trust and to the law of your state. ToldForward is not a law firm, and no one at ToldForward can tell you whether this clause suits your estate plan. You do not need it for your instructions to work: the people you designate in ToldForward receive your record on your own instructions. A clause in your will or trust makes those wishes clear to your executor and your family, so that nothing in your estate plan says something different.

How to use it

1. Read it with your attorney.
2. Fill in the parts in capitals.
3. Keep the clause consistent with what you set in ToldForward. If you change the people you designate there, you do not need to change your will, because the clause refers to your instructions as they stand at your death.
4. If you have a Historical Deposit, keep the optional paragraph; otherwise leave it out.

The clause

ToldForward record. I have created a personal record in my own words with ToldForward, a service provided by D2X Enterprises LLC (“ToldForward”), under my Participant Agreement and my instructions in that service, which name the people who are to receive my record, the waiting period before they receive it, and my other wishes for it (“my instructions”).

1. My instructions govern my record. It is my wish and direction that my record be kept, released and used only as my instructions, as they stand at my death, provide. I direct my executor, my trustee, my agents and my heirs not to ask ToldForward to close my account, delete my record, shorten the waiting period, or release my record to anyone other than the people my instructions name.

2. No disclosure to fiduciaries. I direct that no fiduciary of mine, including my executor or personal representative, any agent under a power of attorney, and any guardian, conservator or trustee, may access the content of my ToldForward record or a catalogue of it, and I prohibit ToldForward from disclosing either to any of them, unless a court orders it. My record goes only to the people designated in my instructions in that service.

3. License. I confirm, and to the extent I own any rights in my record at my death I grant again, the non-exclusive, irrevocable, royalty-free license I gave ToldForward in my Participant Agreement and in its Terms of Service, to keep my record, deliver copies of it to the people my instructions name, and run its guide for them under my instructions. This license binds my heirs, successors and personal representatives.

4. Copyright. The copyright in my record passes under this will (or trust) to NAME OF PERSON OR “MY RESIDUARY BENEFICIARIES”, subject to that license.

5. Digital executor. I appoint NAME OF PERSON, of CITY AND STATE, as my digital executor for my ToldForward record, to communicate with ToldForward on behalf of my estate and to support my instructions. My digital executor has no authority to change my instructions, to read my record before the people my instructions name receive it, or to ask for my record to be deleted.

6. Historical Deposit (optional). I have chosen a Historical Deposit under a deed of gift with ToldForward. I confirm that gift, and direct that a copy of my record be delivered to a library or archive as my deed of gift provides.

7. No conflict intended. Nothing else in this will (or trust) is intended to change my instructions for my ToldForward record. If anything in it appears to conflict with them, my instructions are to be followed.

What to tell your attorney

• ToldForward’s documents are at https://toldforward.com/terms, https://toldforward.com/privacy and in your account’s Settings (your Participant Agreement and, if you have one, your deed of gift).
• Your direction on who may receive your record is at https://toldforward.com/direction, and it says the same as paragraph 2.
• Most states have a law on fiduciary access to digital assets, in most of them the Revised Uniform Fiduciary Access to Digital Assets Act. Under those laws, a direction given through an online tool that you can change at any time, such as your ToldForward instructions and your direction, comes before a different direction in a will, trust or power of attorney, and the law of the state where you live decides. Delaware, Louisiana and Massachusetts may not give an online tool that priority, so this clause matters most there. In every state, it keeps your will consistent with your instructions and tells your fiduciaries plainly what you want. Your attorney can tell you how your state’s law applies to you.
• No one should be named as digital executor without their agreement.