In an age where so much of our personal, financial and professional lives exist online, traditional estate planning has expanded far beyond property, savings, and physical possessions. Today, a person’s estate may include cryptocurrency, social media accounts, cloud storage, subscription libraries, monetised online businesses, NFTs, domain names, digital wallets, and more.

At Manak Solicitors, we are seeing rapid growth in clients seeking to understand how best to incorporate digital assets into their wills. This area of law is developing quickly and requires careful planning, not only to preserve value but also to ensure executors can lawfully access, manage, or close digital accounts without breaching privacy, cyber-security or criminal legislation.

This Insight provides a comprehensive guide to leaving digital assets in your Will under UK law, including the practical, legal and technical considerations required to protect your digital legacy.

Digital transformation has reshaped the nature of personal property. While UK succession law continues to follow long-established principles, the composition of estates has fundamentally changed.

Modern Wills increasingly need to address:

• Crypto wallets and blockchain-based assets

• Online-only bank accounts and e-money platforms

• Content libraries (music, films, software, e-books)

• Digital businesses, advertising accounts, monetised channels

• Cloud documents, personal repositories, and emails

• Online trading accounts (Etsy, Shopify, Amazon, eBay)

• Social media profiles and digital reputations

Clients are also becoming more digitally organised:

• Using password managers rather than leaving lists of credentials

• Maintaining secure online vaults

• Storing sensitive keys in encrypted hardware devices

• Managing entire businesses through cloud dashboards

Crucially, these tools support a Will — they never replace the need for one. A will remains the only legally binding document that can authorise executors to administer digital assets after death.

A digital asset is broadly defined as any asset, right or item of value held in digital form. The list continues to grow year by year.

Primary categories include:

1. Financial Digital Assets

• Cryptocurrencies (Bitcoin, Ethereum, stablecoins, altcoins)

• Tokens and digital securities

• NFTs and digital collectibles

• Digital wallets (hot, cold, custodial, non-custodial)

• Online-only bank accounts (Monzo, Starling, Revolut)

• E-money platforms (PayPal, Wise, Skrill)

• Reward points, air miles, loyalty accounts

2. Personal Digital Assets

• Email accounts

• Cloud storage (Google Drive, iCloud, Dropbox, OneDrive)

• Social media (Facebook, Instagram, X, TikTok, LinkedIn, YouTube)

• Photos, videos, personal documents

• Password vaults

3. Digital Business Assets

• Domain names and websites

• Online shops (Shopify, Etsy, Amazon Marketplace)

• Advertising accounts (Google Ads, Meta Ads)

• SaaS subscriptions

• App store accounts

• Online revenue channels (YouTube monetisation, TikTok Creator Fund, affiliate income)

4. Licensed Digital Content

• E-books

• Digital films and music

• Software licences

• Gaming accounts

Important note: Many digital assets — particularly licensed content — cannot legally be transferred under platform terms. Executors may only close accounts, manage data or transfer allowed content.

Failing to include digital assets can have serious and often irreversible consequences.

Key benefits of including them:

• Prevents financial loss (especially with cryptocurrency)

• Protects sentimental items (photos, messages, cloud content)

• Provides legally recognised authority for executors

• Avoids disputes over ownership or control

• Protects against cybercrime and identity theft

• Ensures online businesses continue or close appropriately

For cryptocurrency specifically:

If private keys are lost, the asset is gone permanently. No solicitor, court, accountant, bank or government authority can recover them. Proper planning is therefore essential.

Digital assets do not fit neatly into conventional property categories, but UK law is adapting rapidly.

4.1 Digital assets as property

The UK’s Law Commission (2023) recognises cryptocurrencies and certain digital assets as a new category of personal property (“data objects”).

This supports:

• Inheritance

• Trusts

• Transfer on death

• Asset recovery

4.2 Platform Terms Override Ownership Expectations

Most platforms (Apple, Amazon, Google, Meta, Microsoft) control:

• Access rights

• Transferability

• Post-death options

• Memorialisation processes

In many cases, you do not “own” digital content — you license it. The Will can only direct what is legally permissible under the platform’s terms.

4.3 Executors and Criminal Law

Executors must avoid breaching:

• Computer Misuse Act 1990

• Data Protection Act 2018

• Privacy laws

• Contractual terms of service

This is why Wills must grant legal authority, but access credentials should be provided separately.

Including digital assets is not as simple as listing passwords or writing down crypto wallet keys. In fact, doing so is risky and potentially unlawful.

Your Will should include:

1. A definition of digital assets

2. Explicit instructions on how they should be handled

3. Authority for executors to access and manage them

4. Reference to an external digital asset schedule

5. A secure method of providing access credentials

Do NOT put this information directly in your Will:

• Passwords

• PINs

• Seed phrases

• Private keys

• Recovery codes

• 2FA backup codes

Wills become public documents after probate, which would expose all of your accounts and cryptocurrency to theft.

A schedule is not legally binding but is vital for practical administration. It can be:

• Memorandum of wishes

• Encrypted document

• Password manager vault

• Secure physical file

• Sealed envelope held by your solicitor

It should contain:

• List of accounts and platforms

• Location of assets

• Purpose or value (if known)

• Reference to how access is obtained (but not the credentials themselves)

• Instructions on whether accounts should be memorialised, deleted, or transferred

This schedule must be kept updated. Digital lives change quickly.

Crypto presents unique challenges:

7.1 Access

Executors need:

• Knowledge of wallet types

• Location of devices

• Understanding of seed phrases

• Ability to locate cold storage devices (Ledger, Trezor, SafePal etc.)

7.2 Security

Seed phrases and private keys must be:

• Stored offline

• Backed up securely

• Never placed in the will

7.3 Inheritance Tax

Crypto is taxable like other property, but determining:

• Value

• Situs (location)

• Ownership evidence

can be complicated.

7.4 Multi-signature wallets

If you use multi-sig or shared key management:

• Executors may need multiple parties’ cooperation

• Instructions must be very clear

7.5 Custodial vs non-custodial wallets

Custodial providers often require:

• Probate documents

• Verification

• Court orders in some cases

Non-custodial wallets require:

• Access to private keys

• Hardware devices

• Seed phrase retrieval

Failing to plan correctly will result in the permanent loss of the asset.

This is the cornerstone of good digital legacy planning.

Recommended approach:

1. Use a reputable password manager

Examples:

• 1Password

• Bitwarden

• Dashlane

• Keeper

These provide:

• Emergency access

• Shared vaults

• Granular control

• Secure attachment storage

2. Provide an executor access plan

This may include:

• A sealed memorandum held by your solicitor

• Separate instructions stored offline

• Access to a digital executor vault

3. Hardware wallets

For crypto, maintain:

• Primary hardware wallet

• Secondary backup wallet

• Paper backups (securely stored)

• Clear explanation of where these are kept

4. Never store credentials in the Will

Once probated, it becomes a public document.

UK law does not yet formally recognise a separate “digital executor,” but you may appoint:

• A main executor with digital competence

• A co-executor

• Or name a digital executor in a letter of wishes

A digital executor can:

• Manage online accounts

• Access cloud data lawfully

• Maintain websites or online businesses

• Download and preserve sentimental items

• Implement memorialisation requests

Their powers must align with both:

• UK succession law

• Platform terms of service

Clients often forget that digital assets matter before death too.

If you lose mental capacity:

• Your attorney may need access to online banking

• Your crypto may require urgent management

• Bills, subscriptions, and online businesses must continue

• Cloud storage may hold essential documents

Your LPA for Property and Financial Affairs should include:

• Digital access authority

• Instructions on crypto access

• How password managers should be handled

Not planning for this creates enormous difficulty.

We frequently see the following errors:

❌ Failing to mention digital assets at all

❌ Storing passwords or seed phrases in the Will

❌ Assuming children “know what to do with the crypto”

❌ Sole control of a password manager but no emergency access

❌ Out-of-date digital asset schedules

❌ Ignoring terms of service restrictions

❌ No provisions for social media memorialisation

❌ Not planning for digital access under an LPA

❌ Believing executors can legally “guess” or hack into accounts

Correct planning avoids all of these risks.

Although UK inheritance law accommodates digital assets, several areas remain complex:

12.1 Ownership vs Licence

Most digital media is licensed, not owned.

You cannot leave to your beneficiaries what you do not legally own.

12.2 Access Restrictions

Executors are bound by:

• Privacy laws

• Data protection restrictions

• Platform contracts

12.3 Cryptocurrency Location

For tax and succession purposes, determining the “location” of a decentralised asset is not straightforward.

12.4 Deceased’s Confidential Information

Executors must balance estate duties with third-party data rights.

12.5 NFTs and Digital Art

Licences may not transfer with an NFT, depending on the platform.

12.6 Online Income Streams

Platforms may impose strict rules:

• YouTube

• TikTok

• Patreon

• Amazon KDP

• OnlyFans

• Website ad networks

Some allow transfer; others do not.

The UK is progressing:

• The Law Commission has set out clear principles for digital assets.

• Courts recognise crypto as property.

• Digital access rights are improving slowly.

• Professional bodies support modernisation of wills.

However:

• Legislation remains fragmented.

• Platform terms can override testamentary intention.

• Crypto inheritance presents unique challenges.

• Comprehensive statutory reform is still needed.

The legal system is adapting, but estate planning must still navigate a complex, partially harmonised environment.

Digital assets now form a significant part of modern estates- financially, emotionally, and professionally. Whether you hold cryptocurrency, run an online business, or simply store treasured family photos online, including digital assets in your Will is essential.

With careful planning, you can:

• Ensure access is lawful and secure

• Protect financial value

• Prevent irreversible loss

• Honour your wishes clearly

• Make administration easier for your loved ones

At Manak Solicitors, we provide tailored, forward-thinking advice to help you protect your online life with the same care as your physical estate.