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 in a will in England and Wales, including cryptocurrencies, online accounts and digital media. Understand legal challenges, practical steps for estate planning, valuing digital holdings, and how executors can manage and distribute digital property.
Digital assets have become an increasingly significant part of modern estates. In addition to traditional belongings like property, cash, and personal possessions, many people now hold valuable items in digital form, ranging from cryptocurrencies to social media accounts and digital photos. These assets raise specific legal and practical issues when planning a will in England and Wales. Unlike physical assets, digital holdings often require distinct access mechanisms, are governed by service provider policies, and may not easily pass to beneficiaries without clear instructions. This article explains what digital assets are, how they can be included in a will, the challenges executors may face, and steps individuals can take to ensure their digital legacy is managed according to their intentions.
What Are Digital Assets?
Digital assets are broadly defined as digital representations of value, rights or content that exist in electronic form and may have economic or sentimental importance. Examples include:
- Cryptocurrencies such as Bitcoin and Ethereum held in wallets;
- Non‑fungible tokens (NFTs) and other tokenised assets;
- Online bank or payment accounts, including PayPal or digital investment accounts;
- Digital media such as photographs, videos, or creative works;
- Domain names, websites and blogs;
- Email and social media accounts (e.g. Facebook, Instagram);
- Gaming accounts and associated in‑game assets.
Keep in mind that not all digital content is a transferable asset. Some items are simply licensed for use and cannot be gifted under a will, while others may have varying terms of service restricting transfer.
Legal and Practical Issues with Digital Assets
Ownership and Access
Digital assets can differ significantly from physical property because they are often controlled by passwords, private keys or platform‑specific credentials. Even if a person's will acknowledges ownership, executors and beneficiaries may face barriers accessing accounts if they do not have the relevant information or if the terms of the service prohibit transfer following death.
For example, cryptocurrencies stored in self‑custodied wallets require private keys or seed phrases; without these, the assets may be permanently inaccessible. Traditional probate processes cannot override technical access controls. Similarly, many social media and online platform accounts are licensed for individual use and service agreements may prevent third‑party access, even after death.
Legal Recognition
Until recently, UK law lacked a tailored framework for digital assets. However, the Property (Digital Assets etc) Act 2025 has formally recognised certain digital assets as a form of personal property that can be owned and inherited, which may clarify some legal uncertainties in estate administration. Despite this legislative development, executors must still contend with platform terms, privacy protections and encryption challenges when dealing with digital assets under a will.
Privacy and Security
Unlike physical wills, wills become public documents once they are admitted to probate. Including sensitive information such as passwords or private keys directly in a will could expose heirs to security risks. Consequently, it is usually advised to keep credentials and access information separate from the will and store them securely, for example in a password manager, secure storage device, or a letter of wishes.
Including Digital Assets in a Will
Creating a Digital Asset Inventory
Before drafting or updating a will, it is useful to compile a comprehensive inventory of digital assets. This inventory should include:
- A description of each asset and which platform it is held on;
- Username, account type and contact details;
- Nature of the asset (financial, sentimental, business‑related);
- Instructions for access and management, where appropriate.
The inventory should be kept securely and referred to in the will without directly containing sensitive access details. Executors can then use the inventory to locate and deal with digital assets efficiently.
Appointing Executors and Digital Executors
A will typically appoints one or more executors to administer the estate, but incorporating digital assets may involve technical or platform‑specific challenges. Testators may choose to appoint a digital executor - an individual with suitable skills or knowledge to manage digital assets - either formally in the will or in a separate letter of wishes. This person can assist the primary executor in accessing and dealing with digital holdings.
Drafting Clear Instructions
In the will itself, clear clauses should authorise the executor to access, manage, close, transfer or delete digital assets according to the testator's wishes. These provisions should:
- Specify how each digital asset should be dealt with;
- Authorise the executor to take necessary steps to access or transfer assets under UK law;
- Clarify whether assets should be retained, sold or permanently deleted.
Because terms of service differ between providers and some digital assets may effectively terminate upon death (for example, certain social media accounts), careful wording and regular review of platforms' policies are advisable.
Valuation and Tax Considerations
Digital assets with financial value - such as cryptocurrencies or digital businesses - must be identified, valued as at the date of death, and included in the probate estate. Valuation may be complex due to price volatility, and executors should retain evidence of valuation for inheritance tax and estate accounts.
Risks of Failing to Plan for Digital Assets
Digital assets that are not expressly accounted for in a will or a separate plan can be lost, inaccessible, or overlooked entirely during estate administration. This can result in:
- Financial loss, particularly where digital holdings have significant monetary value;
- Inability to access sentimental or important records stored digitally;
- Confusion or disputes among beneficiaries about ownership;
- Executors encountering legal and technical barriers to managing digital accounts.
In worst‑case scenarios, digital assets without clear access instructions or documentation may remain permanently inaccessible even if they form part of the estate.
Key Takeaways
Digital assets are an increasingly important part of modern estate planning in England and Wales. They can include cryptocurrencies, online accounts, digital media, domain names and other electronically stored value. These assets can and should be included in a will or estate plan to avoid loss, confusion or access issues after death. Key considerations include creating an inventory, appointing executors with relevant capabilities, drafting clear instructions for each digital asset and storing access information securely outside the will itself. Executors must also deal with legal and technical challenges, platform terms of service and the requirements for inheritance tax valuation. Thoughtful planning helps ensure that digital assets are administered according to the testator's intentions and integrated into the broader estate administration process.
