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 include digital assets such as cryptocurrency, online accounts and cloud storage in estate planning in England and Wales. This comprehensive guide explains digital assets, how to list them, appoint executors, draft appropriate will clauses, handle access credentials, and address valuation and legal issues to ensure your digital legacy is protected and transferred according to your wishes.
Digital assets are a growing and increasingly important part of people's estates in England and Wales. These include crypto‑assets, online accounts, digital media and other online property that you own or control. Unlike traditional assets such as property or bank accounts, digital assets can be difficult to locate, access or transfer after death. Proper estate planning ensures these assets form part of your estate and are dealt with in a way that reflects your wishes. This article explains what digital assets are, why they matter, how to include them in your estate plan and the practical steps you should consider when planning for them.
What Are Digital Assets?
In the context of estate planning, digital assets are items of value that exist only in digital form and that you own, control or have rights over. Typical examples include:
- Cryptocurrency and crypto wallets
- Online bank or investment accounts
- Digital currency balances (e.g. PayPal)
- Social media accounts and email inboxes
- Cloud storage containing photos, videos or documents
- Digital art and non‑fungible tokens (NFTs)
- Websites, domain names and online businesses
Under recent UK law, digital assets can be recognised as personal property, meaning they are capable of being inherited or transferred on death - though specifics depend on asset type and platform rules.
Why Include Digital Assets in Your Estate Plan?
They Form Part of the Estate
Digital assets with financial value count as part of your estate for Inheritance Tax and probate purposes. If you do not expressly include them, they may be overlooked or not pass to the people you intend.
Executors Need Legal Authority
Many online services restrict access to accounts after death for privacy and security reasons. Without clear authorisation in your will, executors may not have legal authority to access, manage or close digital accounts.
Access Barriers
Even if executors have legal authority under a will, they may face practical barriers such as two‑factor authentication, passwords, or platform‑specific terms that prohibit sharing of login credentials.
Protecting Sentimental and Financial Value
Digital assets often contain valuable personal memories, ongoing business interests or financial value. Planning ahead helps preserve this for beneficiaries.
Step‑by‑Step Guide to Including Digital Assets
1. Create a Digital Asset Inventory
Begin by creating a comprehensive list of all your digital assets. For each, record:
- Platform or service name
- Nature of the asset (e.g. wallet, cloud storage, email)
- Whether it has monetary value or sentimental importance
- Where it is stored
- Where access information (usernames, password managers) can be found
Do not include passwords or private keys in the will itself, as wills become public after probate. Instead, instruct executors where to find these securely (e.g. in a password manager or safe).
2. Appoint Appropriate Executors
Your will should appoint at least one executor - the person responsible for administering your estate. Given the technical nature of digital assets, you may also appoint a digital executor or digital manager: someone with the skills to locate, access and manage online accounts. This role can be the same person or a separate appointee in a letter of wishes accompanying your will.
3. Include Clear Clauses in Your Will
Your will should contain a digital‑assets clause that:
- Gives your executor authority to access, manage, transfer, archive or delete digital assets
- Refers to your asset inventory or schedule kept separately
- Provides instructions on how specific assets should be dealt with
This clause ensures legal authority under English law and can help executors comply with the Computer Misuse Act 1990, which would otherwise make unauthorised access to digital accounts a criminal offence.
4. Specify What Should Happen to Each Asset
For each significant asset, consider and record your preference:
- Transfer to named beneficiaries (where legally permissible)
- Closure or deletion of the account
- Memorialisation (e.g. for social media)
- Archiving of sentimental files
Be specific where possible. General instructions can leave executors guessing and lead to delays or disputes.
5. Deal Sensibly With Access Information
Directly including sensitive access information such as passwords, PINs, seed phrases or private keys in your will is not advisable because wills become public records during probate. Instead:
- Store access information in a secure document or digital vault
- Provide instructions within your will on how and where executors can obtain this information
- Use a trusted password manager with emergency access features
Careful storage reduces the risk that executors cannot locate vital access information.
6. Consider Valuation and Tax Implications
Digital assets with financial value, such as cryptocurrencies, must be valued at the date of death for Inheritance Tax (IHT) purposes, and included in estate accounts submitted during probate. Executors should be aware of valuation methods and may need specialist advice.
7. Regularly Review Your Plan
Digital lives change quickly. New accounts, services and assets may arise over time. Review your digital asset inventory and estate planning documents at least annually, and after major life events.
Practical and Legal Considerations
Platform Terms
Some digital services do not allow transfer of accounts on death. Even if you gift an account in your will, the platform's terms may prohibit transfer; instead, the account may be closed or memorialised. Check each provider's policy where possible.
Privacy and Data Protection
Executors should respect privacy laws such as the Data Protection Act 2018 when handling personal data contained in digital accounts during estate administration.
Trusts and Lifetime Planning Tools
For high‑value or complex digital assets, a trust or lifetime planning vehicle may offer additional control, tax planning benefits or smoother transfer on incapacity or death. Legal advice from an estate planning solicitor can help determine suitability.
Common Questions
Can I include passwords in my will?
No. Wills become public on probate, so sensitive access credentials should never be included directly in the will. Instead, reference where executors can find them securely.
Are digital assets considered property?
Recent UK legislation clarifies that digital assets can be personal property, giving greater legal certainty that they may form part of an estate.
What happens if I do nothing?
If digital assets are not accounted for, executors may be unable to access them, leading to loss of financial value or personal data. Unplanned assets could be overlooked or administrated under general estate residue rules.
Final Thoughts
Including digital assets in estate planning is an essential part of modern wills and probate. Digital assets can have significant financial and sentimental value, and without clear planning, these assets may be lost, inaccessible or mismanaged after death. A thoughtful estate plan will:
- Identify and list digital assets
- Appoint suitable executors with clear authority
- Include appropriate clauses in your will
- Provide secure means for executors to access these assets
- Outline your wishes for how each asset should be handled
Review your plan regularly and seek legal advice where necessary, particularly for high‑value or complex digital holdings. Clear planning secures the future of your digital legacy and reduces administrative burden on your loved ones.
