Digital Assets Are Not Only Cryptocurrency! The Estate Planning Step You Might Be Missing

December 12, 2025

In today’s digital age, many of us have online lives that are just as rich and complex as our physical ones. From cryptocurrency wallets and cloud photo albums to social media accounts and online subscriptions, these digital assets can hold real financial and emotional value. But what happens to them when we pass away?

This is a question more people are asking – and rightly so. As part of your estate planning, it’s important to think about your digital legacy and how it can be protected and passed on.

What Are Digital Assets?

Digital assets include a wide range of electronically stored or accessed content, including:

  • Financial assets: Cryptocurrencies (e.g., Bitcoin, Ethereum), online banking accounts, PayPal balances, NFTs and loyalty accounts.
  • Personal assets: Email accounts, digital photo libraries, social media profiles, subscription services and gaming accounts.
  • Business assets: Domain names, e-commerce stores, monetised YouTube channels and intellectual property.

This is not a comprehensive list of digital assets, but these assets may be valuable in different ways – financially, emotionally, or practically – and their management requires the same careful consideration as physical possessions.

Why Digital Assets Need to Be Considered in Estate Planning

Without proper planning, digital assets can be lost, inaccessible, or even misused. Many online platforms have strict privacy policies and terms of service that prevent others from accessing your accounts, even after death. If no one knows what digital assets you hold – or how to access them – they may never be recovered.

Legal Recognition Is Changing

The UK government is working to bring digital assets into clearer legal focus. The Property (Digital Assets etc) Bill aims to formally recognise certain digital assets as personal property. This means they can be included in your estate, protected under property rights, and passed on to your beneficiaries.

This is a positive step forward, but the law is still evolving. That’s why it’s important to get professional advice to ensure your digital assets are properly accounted for in your estate plan.

Common Challenges of Digital Assets

Despite legal progress, there are several practical hurdles:

  1. Access and Identification
    Many digital assets are protected by passwords, encryption, two-factor authentication, or even digital keys. Without prior planning, these assets may be inaccessible or lost.
  2. Terms of Service/Platform Restrictions
    Some online platforms don’t allow account transfers or access by third parties, even with legal authority.

Some examples of platform restrictions include:

  • Google accounts – there is an inactive account manager option/setting where the account holder can select up to 10 people during lifetime to be notified when the account is deactivated and links will be provided to those nominated people allowing them to download images, emails etc before deletion of the account. Without nominating anyone, a court order would likely be required to gain access.
  • Apple ID and iCloud – a legacy contact can be appointed in settings during lifetime which provides access to photos, data, notes. Apple may require a Grant of Probate. Apple asserts ownership of the Apple ID on death so Personal Representatives or Executors who are unable to access the Apple ID because a legacy contact was not appointed would need to make a court order to get access by obtaining an order requiring Apple to provide access to the login details.
  • Apple (iCloud/iTunes) – iTunes is on a licence which ends on death, so this cannot be transferred, and access would be deleted on death.
  • Facebook – option to appoint a legacy contact in your settings during your lifetime to control any memorial account.
  • Instagram – terminates on death and can’t be transferred. Once notified of the death the account is automatically removed. There is no provision to download and save the photos on the account.

If connected to a business this is particularly problematic. Provision for access would need to be made for others in the business in this instance so that the account continues.

  • Tesco Clubcard – points can be transferred on a written request with production of the Death Certificate.
  • Boots Advantage Card – can nominate someone during lifetime for any remaining points to pass to on death. Usually this is done by emailing Boots customer service team for someone to be nominated on the account so that this is recorded.
  • Nectar Card – can’t usually be transferred or encashed.
  • PayPal – can be transferred or closed.
  1. Valuation
    Assets like cryptocurrency can fluctuate dramatically in value, making them tricky to assess.
  2. Jurisdiction
    Digital assets may be stored on servers overseas, subject to foreign laws and privacy regulations.
How to Protect Your Digital Assets

Here are some simple steps you can take to protect your digital legacy:

  • Make a list: Create an inventory of your digital assets, including the platform to be contacted. We would however not recommend including login details/passwords for security reasons. Unless it could compromise security, you may choose to include where the asset is stored – for example Cryptocurrencies cannot be accessed if the digital wallets/passcodes can’t be found.
  • Appoint a Digital Executor: Consider naming a tech-savvy executor or trustee with authority to manage digital assets. Some platforms require you to name a legacy contact during your lifetime.
  • Include digital assets in a Letter of Wishes: Be clear about what you want to happen, clearly specifying how digital assets should be handled, transferred, or deleted.
  • Use secure storage: Password managers or encrypted files can help keep access details safe.
  • Review regularly: As your digital life changes, so should your estate plan.

Digital assets are central to modern estate planning, and every situation is different. Our Private Wealth & Inheritance team is here to help you navigate the legal and practical aspects of managing your digital assets. Whether you’re updating your Will or starting from scratch, we will work with you to ensure your online legacy is protected and passed on according to your wishes. Please contact us to speak to a member of our team.

Graeme Black
Partner, Private Wealth & Inheritance
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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