Digital Assets and Your Will: What You Need to Know
If you’re thinking about writing a will, there’s a good chance you own more digital property than you realise. From cryptocurrency and online investments to digital collectibles and gaming assets, our wealth is increasingly stored online.
As of 2 December 2025, a new law, the Property (Digital Assets etc) Act 2025, has brought long-awaited clarity to this area.
In simple terms, it confirms that certain digital assets are legally recognised as property. That means they can form part of your estate, just like money, shares, or your home.
This is an important change, and it affects how modern wills should be written.
Why Digital Assets Matter in Estate Planning
For a long time, digital assets sat in a grey area. They didn’t exist physically, and they didn’t always fit neatly into traditional legal categories. As a result, many people:
• Forgot to include them in their wills
• Assumed they couldn’t be inherited
• Left executors struggling to access or recover them
Meanwhile, the value of these assets has grown. Many people now hold wealth through crypto wallets, online trading platforms, or digital marketplaces. Ignoring these assets can mean real financial loss for loved ones.
The new Act removes that uncertainty. Digital assets are no longer a niche issue, they are officially part of the property landscape.
What Counts as a Digital Asset?
Rather than listing every possible type of asset, the law focuses on principles. In practice, digital assets that can be owned, controlled, and transferred are now recognised as property.
These may include:
• Cryptocurrencies such as Bitcoin or Ethereum
• NFTs (non-fungible tokens), including digital art and collectibles
• Tokenised assets, where real-world value is represented digitally
• In-game currencies or platform tokens that can be traded or sold
However, not everything online can be passed on in a will.
Some digital accounts are licensed to you personally rather than owned outright. For example:
• Social media accounts
• Email accounts
• Streaming or music libraries
These are usually governed by the platform’s terms and conditions, which the law cannot override. This means they may not be transferable on death, even though you used them during your lifetime.
What This Means for Your Will
Thanks to the new legislation, digital assets can now be:
• Included as part of your estate
• Gifted to specific beneficiaries
• Left as part of the residue of your estate
• Held or managed by trustees
• Taken into account for inheritance tax
This clarity also makes it easier for executors to recover digital assets if they are lost, hidden, or misused, and it places greater responsibility on people dealing with estates to properly account for them.
In short: if your will doesn’t mention digital assets, it may be incomplete.
Practical Steps to Take When Writing Your Will
If you’re making or updating a will, digital assets should now be a standard part of the conversation.
1. Identify What You Own
Ask yourself:
• Do I own any cryptocurrency, NFTs, digital art, or online investments?
• Are any of my assets held on exchanges, apps, or digital wallets?
Even small holdings can grow over time, so it’s worth including them.
2. Decide How You Want Them Dealt With
You may wish to:
• Leave specific digital assets to named beneficiaries
• Direct that they are sold and the proceeds distributed
• Allow your executors flexibility, especially where values fluctuate
Your will should give executors clear authority to manage, sell, or safeguard digital assets where needed.
3. Plan for Secure Access
One of the biggest risks with digital assets is access. Without the right information, assets can be permanently lost.
Good practice includes:
• Keeping a secure, up-to-date inventory of your digital assets
• Storing access instructions separately from your will
• Using encrypted storage or professional custody services
• Letting executors know where to find the information
Important: Never include passwords, PINs, seed phrases, or private keys in your will. Wills become public documents after probate.
Don’t Forget Powers of Attorney
If you hold significant digital assets, your Lasting Powers of Attorney (LPAs) may also need updating. Attorneys should have clear authority and guidance to manage digital assets responsibly if you lose capacity, including understanding your attitude to risk and investment.
Looking Ahead
The Property (Digital Assets etc) Act 2025 doesn’t answer every question about digital ownership, but it does something crucial: it confirms that digital assets are real property and deserve proper planning.
Digital wealth is now part of everyday life. Whether your assets are traditional, digital, or a mix of both, a well-written will ensures they are protected and passed on according to your wishes.
If you’re thinking about writing or updating your will, now is the time to make sure your digital life is included, not left behind.
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