This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how to challenge a will that includes digital assets in England and Wales. This guide explains legal grounds, digital asset definitions, inheritance claims, procedural steps, time limits, and practical issues under current UK law.
The rise of digital assets - including cryptocurrencies, online accounts, and electronic property - has transformed modern estate planning. At the same time, it has introduced new challenges for beneficiaries, executors, and anyone seeking to contest a will. This guide explains how digital assets are treated under English and Welsh law, the legal grounds for challenging a will, practical steps involved in disputes, time limits, and risks to consider. It is intended to provide clear, accessible information for members of the public, students, and solicitors.
What Are Digital Assets and Why They Matter in Estate Law
Digital assets include assets or data stored in electronic form that have value or significance to an estate. They typically fall into several categories:
- Financial digital assets - cryptocurrencies, digital wallets, online bank and payment accounts (for example, PayPal or digital investment platforms).
- Personal digital assets - emails, cloud storage (such as Google Drive or iCloud), social media profiles, and digital photos or documents.
- Business or income-generating assets - domain names, monetised social accounts, online stores, software licences.
- Licensed digital content - e‑books, digital media, gaming accounts.
Whether a digital asset can be inherited or accessed depends on legal property status and the terms set by account providers or platforms. Many online accounts are licensed rather than owned, so they may not be transferable under provider terms even after probate.
In December 2025, Parliament passed the Property (Digital Assets etc) Act 2025, which confirms digital assets can be recognised as personal property in England and Wales. This gives a clearer legal basis for treating crypto, NFTs, and other digital holdings as assets within an estate, subject to the courts interpreting how the law applies to particular items.
How Digital Assets Are Included in a Will
To ensure digital assets form part of the estate and pass according to the deceased's wishes, it is important that they are effectively dealt with in the will or in associated estate planning documents. A will can give executors authority to:
- identify and value digital assets;
- access accounts where permitted;
- transfer or dispose of digital assets in accordance with the testator's instructions;
- close or archive online accounts.
Digital assets should be inventoried and stored securely, with access information provided separately from the will. Wills become public record once probate is granted; placing passwords or private keys in the will risks exposing sensitive information.
Legal Grounds for Challenging a Will
Challenging a will does not generally depend on ownership of digital assets alone. The legal bases for contesting a will in England and Wales are established by inheritance law and common law principles. Key grounds include:
1. Validity of the Will
A will must meet strict formal requirements under the Wills Act 1837:
- it must be in writing;
- signed by the testator;
- witnessed by two people present at the same time.
If these formalities are not followed, the will may be invalid.
2. Testamentary Capacity
The testator must have had sufficient mental capacity when making the will, understanding the nature of the act, the extent of their estate, and the claims of potential beneficiaries. If evidence shows a lack of capacity, the court may set aside the will.
3. Undue Influence
A will may be challenged if the testator was pressured or coerced by another person. Proving undue influence requires evidence that free will was overridden.
4. Fraud or Forgery
If the will was forged or induced by fraudulent conduct, a challenge may succeed.
5. Failure to Make Reasonable Financial Provision
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people - such as spouses, civil partners, children, and dependants - may apply to the court for reasonable financial provision from an estate if the will fails to provide adequately for them. Claims under this Act focus on financial provision rather than invalidity.
6. Rectification
In limited circumstances, a will may be amended by the court if it does not reflect the true intentions of the testator due to a clerical error or misunderstanding.
How Digital Assets May Affect a Challenge
Digital assets can add complexity to will challenges for several reasons:
- Discovery of assets: Hidden or overlooked digital holdings (for example, an unlisted crypto wallet) may affect the valuation of the estate and influence how reasonable financial provision claims are assessed.
- Access difficulty: Executors may have legal authority under the will and probate but no practical ability to access encrypted wallets or locked accounts without access keys.
- Provider restrictions: Online platforms often control access and may deny access without court orders, even to executors. In some cases, executors need a specific court order to obtain information or access.
These issues do not, by themselves, create new legal grounds to challenge a will, but they can influence the administration of the estate and the strength of financial provision claims.
Step‑by‑Step: Challenging a Will That Includes Digital Assets
1. Check Your Legal Standing
You must have a sufficient interest in the estate to bring a claim. For example, eligible individuals under the Inheritance Act include spouses, civil partners, children, and dependants.
2. Obtain Grant of Probate or Letters of Administration
Probate gives the executor power to administer the estate. If a caveat has been lodged to stop probate, this may delay formal estate administration.
3. Assess Grounds and Evidence
Determine whether you are challenging validity (formal defects, capacity, undue influence, fraud) or seeking provision under the Inheritance Act. Collect supporting documents, such as medical records, witness statements, and details of digital assets.
4. Seek Specialist Legal Advice Promptly
Challenging a will is complex and often requires experienced contentious probate solicitors. Digital assets add another technical dimension, including valuation challenges and provider terms. Early legal advice helps manage deadlines and procedural requirements.
5. Issue Court Proceedings
For claims under the Inheritance Act, proceedings generally must be started within six months of the grant of probate. Challenges to validity may be brought later, but delay can reduce chances of success.
6. Consider Mediation
Alternative dispute resolution such as mediation may resolve matters without a full court hearing.
7. Court Determination
If unresolved, the court will assess evidence and decide whether to uphold or set aside the will or make orders under the Inheritance Act.
Time Limits and Practical Issues
- Six‑month rule: Claims under the Inheritance Act generally must be issued within six months of the grant of probate. The court may allow late claims only in exceptional cases with good explanation.
- Access to digital assets: The practical ability to access digital assets may require separate applications or negotiations with service providers. Decisions by tech companies on access can be complex and time‑consuming.
- Evidence challenges: Digital assets, especially cryptocurrencies, may lack conventional documentation, complicating valuation and proof of ownership.
Risks and Common Questions
Do I automatically inherit digital assets if the will says so?
Not always. If the asset is recognised as property and included in the will, it forms part of the estate. However, access may be restricted by provider terms or lack of access credentials. Executors may need additional legal authority or technical expertise.
Can executors hack accounts to access digital assets?
Executors must not access accounts without proper authorisation. Under the Computer Misuse Act 1990, unauthorised access is a criminal offence. Proper legal authority and compliance with terms of service are essential.
What if digital assets cannot be accessed?
Assets such as crypto wallets without known private keys may be impossible to access. They remain in the estate mathematically but may be lost in practice.
Final Thoughts
Challenging a will in England and Wales that includes digital assets combines traditional contentious probate principles with the practical challenges posed by modern technology. Digital assets can form part of an estate under the Property (Digital Assets etc) Act 2025, but access, valuation, and transfer often depend on platform terms and technical factors. Successful challenges require careful assessment of legal grounds, strict attention to time limits (especially under the Inheritance (Provision for Family and Dependants) Act 1975), and thorough preparation of evidence. Early specialist legal advice is essential to navigate complexity and protect your interests effectively.
