Digital Assets Now Count in Your Will
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Elspeth Neilson
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Making a will now that digital assets are recognised as personal property
We live in a sophisticated technological age, yet many people overlook their digital assets when making a will. It’s commonly known that a will deals with your physical property and assets – but what about your crypto assets, e-commerce assets and valuable creative works, such as digital art and music?
A concise but significant Act of Parliament came into effect in December providing important clarity concerning digital assets and succession. It gives particular certainty and reassurance for individuals who, for example, own crypto-tokens and those with online business interests.
Property (Digital Assets etc) Act 2025
Under the Property (Digital Assets etc) Act 2025, digital assets such as crypto-tokens and non-fungible tokens (NFTs) are now formally recognised in law as personal property and will officially be considered part of a deceased’s estate.
It means you can now safely leave these digital assets to your chosen beneficiaries under the terms of your will (or put them into trust). On death, they will be dealt with in the same way as your other assets.
What about other digital assets?
The Act applies to all digital assets, treating them as personal property. A digital asset is, essentially, anything you own that is digitally or electronically stored, for example:
- Online bank accounts and investment
- A PayPal account
- Digital photos and videos stored in the cloud
- Online subscription services, domain names and loyalty cards
- Creative works, such as music, blogs, game characters and other online content
The new Act means digital assets can now legally be transferred, sold or left in the individual’s will. However, keeping a careful record of all your digital assets is important in order to minimise the risk of problems arising after your death. Otherwise, your loved ones could find themselves locked out of your crypto wallets, digital art and sentimental items such as digital photos.
What should I do?
Digital assets will form part of your residuary estate unless specifically bequeathed in your will.
We recommend that everyone makes a will that takes account of your digital assets as well as physical assets. If you already have a will, you may wish to review it to ensure that your digital assets will pass to the correct beneficiary.
The best starting point is to create an inventory of all your digital assets, noting the basic details and accounts user names. Passwords should always be kept separate to protect from the risk of the document being hacked or stolen.
An inventory is most effective when it is structured and makes sense to your family and your executors. Make sure you don’t leave your loved ones trying to guess what may exist online.
Your inventory can be treated as a letter of wishes and either kept alongside your physical will or stored securely online. Either way, it should be updated if and when account details change.
Remember that your executors will be responsible for dealing with your assets. If your chosen executors are not tech-savvy, you can appoint a ‘digital’ executor who will be solely responsible for your digital assets. This is particularly important where you have digital assets that involve a cross-border element, such as foreign terms of service.
How we can help you
At Osbornes Law, our specialist private client team can help you ensure your will fully reflects both your digital and traditional assets, giving you and your family complete peace of mind. We provide clear and practical advice tailored to your circumstances, whether you are updating an existing will or putting new arrangements in place.
For expert advice about wills, wealth planning and your digital assets, speak with the expert private client team at Osbornes Law. Contact us by:
- completing our online enquiry form;
- or calling us on 020 7485 8811
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