What are digital assets?
Digital assets are anything you own or control that exists in electronic form. In the UK, they now form a significant part of most people’s estates—often without people realising it.
These assets can be financial (such as cryptocurrency), creative (like photographs or writing), or purely personal (such as emails or social media accounts). Despite their importance, many people still overlook them when making a Will.
Research consistently shows a gap between ownership and planning: most UK adults have digital assets, but only a minority include them in their Will. That mismatch can create real problems for executors and families later on.
Examples of digital assets
Digital assets vary widely. Common examples include:
Financial and valuable assets
- Cryptocurrency (e.g. Bitcoin, Ethereum)
- Online trading or investment accounts
- Monetised YouTube channels or blogs
- Domain names with resale value
Creative and intellectual property
- Digital artwork and NFTs
- Photographs (including those with licensing value)
- Manuscripts, blogs, or unpublished writing
- Music or video content
Personal and sentimental assets
- Family photos and videos stored digitally
- Emails and message histories
- Cloud storage accounts (e.g. Google Drive, iCloud)
Accounts and platforms
- Social media profiles
- Online gaming accounts
- Subscription services
Not all of these are legally “assets” in the traditional sense—but they still need to be addressed.
Digital assets in a Will UK: Why digital assets should be included in your Will
Failing to deal with digital assets can lead to confusion, loss, or outcomes that don’t reflect your wishes.
They may fall into the residue of your estate
If you don’t specifically gift an asset, it forms part of the “residue” (everything left after specific gifts). That may not match your intentions—especially for sentimental or valuable digital items.
They are not “personal chattels” under UK law
For Wills executed on or after 1 October 2014, “personal chattels” are defined in law as tangible movable property. Digital assets are intangible, so they are not automatically included.
If you want them treated like personal possessions, your Will must explicitly say so.
Executors may not know they exist
Unlike physical items, digital assets are invisible. Without clear instructions, they can easily be overlooked or permanently lost.
Access can be difficult or impossible
Even if your executors know about an asset, they may not be able to access it without:
- Login credentials
- Encryption keys (critical for crypto)
- Knowledge of where the asset is stored
They may have real financial value
Some digital assets—especially cryptocurrency, domain names, or monetised content—can form a meaningful part of your estate.
Check out my guide: Writing a valid Will in England and Wales: A clear legal guide
Are digital assets transferable after death?
This is where things become more complex.
Assets vs licences
Not everything you “own” digitally is actually transferable. Many platforms grant a licence to use, not ownership.
Examples:
- Social media accounts
- Streaming subscriptions
- Some gaming accounts
These licences are often:
- Non-transferable
- Automatically terminated on death
That means you cannot leave them in your Will in the usual way.
Platform-specific rules
Different providers have different policies. For example:
- Some platforms allow memorialisation or deletion of accounts
- Others allow a nominated contact to manage the account after death
It’s important to check terms of service for key accounts.
How to include digital assets in your Will
1. Identify your digital assets
Make a clear inventory of what you own or control. Group them into:
- Financial
- Creative
- Personal
2. Decide what should happen to each
Ask yourself:
- Should this be passed on, deleted, or archived?
- Who should receive or manage it?
3. Include clear provisions in your Will
Your Will can:
- Specifically gift digital assets
- Include a clause covering all digital assets
- Extend the definition of personal chattels (if appropriate)
4. Appoint suitable executors
If your estate includes complex digital assets (e.g. cryptocurrency), consider appointing:
- An executor with technical knowledge, or
- A professional adviser to assist
5. Keep a secure record of access information
This is crucial—but must be handled carefully. Best practice:
- Create a separate document listing accounts and access details
- Store it securely (e.g. safe or encrypted password manager)
- Do not include passwords directly in your Will (as it becomes a public document after probate)
You should review this record regularly.
Special considerations for cryptocurrency
Cryptocurrency requires particular care:
- Access depends entirely on private keys or recovery phrases
- Without them, the asset is effectively lost forever
- There is no central authority to recover access
You should:
- Clearly document how to access wallets
- Ensure executors understand the process
- Consider professional advice if values are significant
What about emails and personal data?
Emails often contain sensitive or confidential information.
You may wish to:
- Allow access to a trusted person
- Request deletion of accounts
- Preserve specific important communications
Be mindful of:
- Data protection considerations
- Privacy of third parties
Protecting your digital assets during your lifetime
Estate planning is only part of the picture.
To safeguard your digital assets now:
- Use strong, unique passwords
- Enable two-factor authentication
- Back up important files regularly (cloud + offline)
- Keep software and security systems updated
Do younger people need to worry about this?
Yes—arguably more so. Younger adults often have:
- More digital assets
- Greater reliance on online accounts
- Significant sentimental digital content
See my guide: Do I need a Will under 40?
Digital assets in a Will UK: Key takeaways
- Digital assets are now a standard part of most estates
- They are not automatically covered by traditional Will wording
- Some are transferable assets; others are licences that end on death
- Clear instructions and secure access planning are essential
- Without preparation, assets can be lost or inaccessible
This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.
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