Cryptocurrency and Estate Planning
Posted: Wednesday, 22 April 2026 @ 08:56
Cryptocurrency and Estate Planning
What practitioners need to know now that digital assets are officially property
For years, cryptocurrency existed in a legal grey area. Was it property? Could it be inherited? What happened to a Bitcoin wallet when the owner died without leaving access details?
📜 The Law Has Changed
The Property (Digital Assets etc) Act 2025 has formally recognised cryptocurrencies and NFTs as personal property under the law of England, Wales, and Northern Ireland. Scotland has followed with its own Digital Assets (Scotland) Bill, passed unanimously in March 2026.
For willwriters and estate planners, this is a game-changer. Digital assets are no longer a niche concern – they are a mainstream part of estate planning.
2.3M+
UK adults own cryptocurrency
£5.3bn
Estimated value of UK crypto holdings
20%
Of young adults own digital assets
🔍 What Counts as a Digital Asset?
Bitcoin, Ethereum, stablecoins – digital currencies that can be traded and held as investments.
Digital art, collectibles, virtual real estate – unique assets with ownership recorded on a blockchain.
Shares or artwork represented digitally on a blockchain.
Social media accounts, email accounts, and subscription libraries – typically governed by platform terms of service, not ownership rights.
⚠️ The Password Problem
A Will becomes a public document after probate. That means passwords, PINs, seed phrases, and private keys must never be written into a Will.
💡 Practical Steps for Practitioners
✓ Ask every client about digital asset holdings
Don't assume they don't have any – many people don't realise crypto needs to be included in a Will.
✓ Advise on secure storage of access credentials
Use a secure digital legacy service or store instructions with a trusted professional.
✓ Review your executor powers
Do they include authority to hold, trade, and secure digital assets?
✓ Update your LPA guidance
Attorneys may need express authority to manage digital holdings.
🎯 The Bottom Line
Digital assets are mainstream. Your clients hold them now – and many more will in the years ahead. The practitioners who ask the right questions, document correctly, and advise on safe access will be the ones clients trust.
Disclaimer: This article provides general information about digital assets and estate planning. It does not constitute legal advice. Professional guidance tailored to individual circumstances is essential.