Digital Assets in Your Will: What the New Law Means for You

If you own cryptocurrency, NFTs, or even just valuable online accounts, there's an important legal change you need to know about. The Property (Digital Assets etc) Act 2025, which came into force on 2 December 2025, has for the first time officially recognised digital assets as property under English law.

This is a landmark change — and it has real implications for your will.

What changed?

Before this Act, there was legal uncertainty about whether things like Bitcoin, Ethereum, NFTs, and other digital tokens could be treated as "property" in the traditional legal sense. Courts had sometimes ruled in favour, but there was no clear statute backing it up.

The new Act confirms that digital assets can be a third category of personal property — alongside physical things (like your car) and legal rights (like a bank debt owed to you). This means they can now be:

• Included in your will with full legal certainty
• Inherited by your beneficiaries
• Managed and distributed by your executors
• Protected if stolen or misused

What counts as a "digital asset"?

The term is deliberately broad. It includes:

• Cryptocurrency — Bitcoin, Ethereum, and other crypto tokens
• NFTs — digital artwork, collectibles, and tokens
• Domain names — website addresses you own
• Digital carbon credits
• In-game assets — valuable items in online games
• Online accounts — email, social media, cloud storage

Why does this matter for your will?

Here's the important catch: even though digital assets are now legally property, they don't automatically fall under a general "personal possessions" clause in your will. If your will says "I leave all my personal possessions to my spouse," your Bitcoin probably isn't included.

You need to specifically mention digital assets in your will, or include a clause that covers them. Without this, your executors may not have the legal authority to access or distribute them.

Practical steps to take now

1. Make a list of your digital assets

Write down everything: crypto wallets, exchange accounts, NFTs, domain names, valuable online accounts. Include the platform or service used for each.

2. Record access information — but not in your will

Your will becomes a public document after probate. Never include passwords, private keys, or seed phrases in your will. Instead, store them securely (in a password manager, a sealed envelope, or a secure digital vault) and reference the location in your will.

3. Consider a "digital executor"

You can appoint someone specifically to handle your digital assets — perhaps someone who understands crypto better than your main executor. They can work alongside your main executor to ensure nothing is lost.

4. Update your will

If your current will doesn't mention digital assets, it's time to update it. With Make a Will, lifetime updates are free for your first year, then a low annual subscription, so you can add digital asset provisions whenever you need to.

What happens if you don't act?

Without proper planning, your digital assets could be:

• Lost forever — cryptocurrency wallets cannot be accessed without private keys
• Locked by platforms — some services permanently lock accounts after death
• Subject to dispute — family members may disagree about who owns what
• Missed entirely — executors may not even know they exist

The bottom line

The law has caught up with the digital age. If you hold any digital assets of value, make sure your will reflects this. It's one of the simplest things you can do to protect your digital legacy.

Sources

• The Property (Digital Assets etc) Act 2025 has received Royal Assent — Law Commission
• What testators and executors need to know about the Property (Digital Assets etc) Act 2025 — The Gazette
• The Property (Digital Assets etc) Act 2025: A foundational change to English property law — Today's Wills and Probate
• Dealing With Digital Assets in Wills: A Modern Guide — Lyons Bowe Solicitors
• Digital Assets: Practical Considerations for Estate Planning — Slater Heelis