The law surrounding cryptocurrency, NFTs and other digital assets has changed following the introduction of the Property (Digital Assets etc) Act 2025. The Act received Royal Assent on 2 December 2025 and provides greater legal certainty that certain digital assets can be the subject of personal property rights.
For people who own cryptocurrency or other digital assets, the change is particularly relevant to Wills and estate planning.
Traditionally, English law has recognised two broad categories of personal property. The first is things in possession, meaning physical objects that can be possessed. The second is things in action, which are rights that can be enforced through legal action, such as debts or shares.
Some digital assets do not fit neatly into either category. The new legislation confirms that something is not prevented from being the subject of personal property rights simply because it is digital or electronic and does not fall within either of these traditional categories.
This provides a legal basis for a third category of personal property, allowing the courts to continue developing the law as digital assets evolve.
The legislation can apply to different types of digital assets, including crypto-tokens and NFTs, although whether a particular digital asset attracts property rights will depend on its characteristics.
The change is important for anyone who holds cryptocurrency, NFTs or other digital assets.
Digital assets should be considered as part of your wider estate planning. If you want particular digital assets to pass to specific beneficiaries, your Will should deal with them appropriately.
However, simply stating that you leave your cryptocurrency or digital assets to someone may not be sufficient for your executors to administer the estate effectively.
Your executors will need to know what digital assets you own and, importantly, where they are held. This could include a cryptocurrency exchange, digital wallet, online platform or hardware wallet.
There is an important practical consideration when making a Will involving digital assets.
Important: Passwords, private keys and seed phrases should not be included in the Will itself. Once a Will has been admitted to probate, it can become a public document, meaning sensitive security information could potentially be accessed by others.
Instead, important access information should be stored securely and separately from the Will. Your Will can then provide your executors with appropriate instructions about where the information they need can be found.
The Property (Digital Assets etc) Act 2025 provides greater clarity around the treatment of digital assets, but it remains important to ensure your Will reflects what you actually own.
If you hold cryptocurrency, NFTs or other digital assets, reviewing your Will can help ensure that your wishes are properly recorded and that your executors have the practical information they need to deal with those assets after your death.
As digital wealth becomes an increasingly important part of modern estates, digital asset estate planning should be considered alongside more traditional assets such as property, savings and investments.
This article is provided for general information only and does not constitute legal or financial advice. The Property (Digital Assets etc) Act 2025 is recently in force, and its practical application will continue to be shaped by the courts over time. Individual circumstances vary, and appropriate professional advice should be obtained where required.