Most of us now have “digital assets” – things stored online or on a device that may have financial value (such as cryptocurrency) or personal value (such as photos and messages). The problem is that digital assets are easy to forget when making a Will, and they can be difficult for family members to access after death.
A recent change in the law has made this area clearer. The Property (Digital Assets etc) Act 2025 confirms that some digital assets can be treated as property under English law, even though they aren’t physical items like jewellery or traditional legal rights like a bank debt. In practice, this supports the position that certain digital assets (including some crypto and token-based assets) can form part of your estate and be dealt with by your executors.
Does this mean my executors can access everything online?
Not necessarily.
Many online accounts are governed by the provider’s terms and conditions. Email, social media, and subscription libraries (music, film, books) are often personal licences and may not be transferable. The law may recognise value as “property”, but access can still depend on the platform’s rules.
The real risk: assets that can’t be accessed
Digital assets often depend on:
- passwords and two-factor authentication
- devices (phones/laptops)
- password managers
- for crypto, private keys or recovery phrases
If nobody can access them, the asset may be impossible to retrieve, even if it is valuable.
Five sensible steps to take now
1. Create a digital inventory
List what you have (crypto, online investment accounts, domains, monetised content accounts, cloud storage, etc.), where it is held, and what it’s worth (if known).
2. Record access information securely
Avoid putting passwords or recovery phrases in your Will. A Will can become a document others may need to see.
3. Use a separate letter of wishes / memorandum
Set out practical guidance for your executors (what exists, where it is, and how to locate access information). Keep it secure and update it regularly.
4. Review your Will
Ensure it deals with digital assets properly and gives your executors appropriate powers to secure, manage and realise them.
5. Consider a Property & Financial Affairs Lasting Power of Attorney (LPA)
If you become ill or lose capacity, your family may need to manage your finances. A Property & Financial Affairs LPA allows the people you choose (your “attorneys”) to deal with your money and assets on your behalf, which can include digital assets.
How we can help
Digital assets are now a routine part of modern estate planning. If you would like advice on updating your Will, adding appropriate executor powers, or putting a clear plan in place for your digital assets, please contact our Private Client team.
Related Reading:
What happens to my Digital Assets if I die?
Securing your Digital Afterlife
