Jurisdiction(s):
United Kingdom

Drafting wills for digital and cryptoassets: identification, rights, executor access and platform processes after the Property (Digital Assets etc) Act 2025

Published by a LexisNexis Private Client expert

Practice notes

STOP PRESS:

The Property (Digital Assets etc) Act 2025 obtained Royal Assent on 2 December 2025 and took effect that same day. Section 1 confirms that a thing (including one of a digital or electronic nature) is not barred from being the subject of personal property rights simply because it is neither a thing in possession nor a thing in action. As a result, digital holdings such as cryptocurrency, non-fungible tokens and carbon credits can now be recognised as personal property. See LNB: 04/12/2025

2. What does a testator need to consider?

The crucial issue is that executors must be able to pinpoint the assets; if these sit within online bank accounts, shares, game characters or crypto tokens locked behind passwords and private keys, there is a significant risk that estates are under-reported for Inheritance tax and that assets do not reach the intended beneficiaries. The testator should ensure they appoint executors who understand digital assets so they can handle them. The testator must consider the following: What digital assets do they hold?

Facebook
Tiktok
Instagram
Twitter
Bank account
Itunes or similar
Shares held online in nominee

...

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Web page updated on 21/05/2026

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