Will Writing Services LondonBook a consultation

A Bitcoin wallet with no access instructions is a bequest your executor cannot deliver

Digital assets present a challenge that no previous generation of will writers has faced: assets that are simultaneously valuable, intangible, and inaccessible without specific technical knowledge. A will can direct that cryptocurrency passes to a beneficiary -- but if no one knows the private key, the asset is gone forever. This guide covers what digital assets are, how they can pass under a will, and the practical steps to ensure executors can act.

London professional recording digital assets for inclusion in an estate plan
In this guide

What counts as a digital asset

Digital assets encompass a wide range of property. Cryptocurrency -- Bitcoin, Ethereum, and thousands of other tokens -- is the most discussed, but the category is much broader. Online bank accounts and investment portfolios are digital assets, as are domain names, revenue-generating websites and YouTube channels, Substack subscriptions, digital photography libraries with licensing rights, NFTs, software source code, and intellectual property held in digital form.

For London professionals in technology, media, and financial services, digital assets can represent a significant proportion of total wealth. A freelance developer with valuable domain names, a photographer with a licensing library, or a crypto investor may have digital assets worth more than their physical property.

The common characteristic is that access depends on credentials -- passwords, private keys, seed phrases, two-factor authentication codes -- that exist only in the owner's control. Unlike a bank account where the executor can present the death certificate and grant of probate to access the funds, digital assets without access credentials are simply unrecoverable.

The asset memorandum -- how to make digital assets accessible

The solution adopted by specialist will drafters is the asset memorandum -- a separate document, not part of the will itself, that contains the information executors need to access digital assets. The will references the memorandum and directs executors to it, without containing the sensitive information itself.

The memorandum should include: a list of all digital assets and their approximate values; the exchange, wallet, or platform where each asset is held; access instructions (without necessarily including the actual credentials in the memorandum itself, which should not be stored alongside the will in a solicitor's office); the location of hardware wallets, seed phrases, and private keys stored securely; and instructions for what to do with each asset.

The memorandum itself should be stored in a secure location known to your executor -- a home safe, a safety deposit box, or with a trusted person. Crucially, it must not be included in the will or stored with the will in a solicitor's file. If access credentials are in the will, they become a matter of public record on probate. And if they are stored with the will in a third-party's custody, access is delayed until the grant is issued.

Tip: Review and update your asset memorandum every year. Crypto addresses, exchange accounts, and platform credentials change regularly. An outdated memorandum may be as useless as no memorandum.

Speak to a specialist about your estate

Wills, LPAs and probate support and estate planning professionals across London.

Find my specialist

HMRC treatment of digital assets on death

HMRC treats cryptocurrency as a capital asset for tax purposes. On death, there is no capital gains tax charge -- the asset is inherited at the market value at the date of death (the "CGT-free uplift"). However, the value of the cryptocurrency at the date of death is included in the estate for IHT purposes.

For executors, this means obtaining a market value of all cryptocurrency held at the date of death -- using the exchange rate on the relevant platform at the time. HMRC accepts the closing price on the date of death on a recognised exchange as the valuation basis. If the cryptocurrency is held on an exchange, this is relatively straightforward. If it is held in a self-custody wallet, the executor needs to access the wallet to establish the balance.

Income generated by digital assets -- staking rewards, yield farming returns, rental income from digital property -- is taxable as income in the deceased's hands up to the date of death and must be reported on the estate's income tax return.

Digital Assets and Wills -- Crypto, Accounts and IP -- common questions

Can I leave my cryptocurrency in my will?

Yes. Cryptocurrency is property under English law following the UK Law Commission's 2023 confirmation. It can be left to beneficiaries in your will. The practical challenge is ensuring your executor can access it -- which requires a secure record of your private keys or seed phrases, ideally in an asset memorandum separate from the will itself.

What happens to my social media accounts when I die?

It depends on the platform. Facebook allows a "Legacy Contact" to manage the memorialised account or request deletion. Google offers an Inactive Account Manager to designate what happens to your data. Apple provides a Digital Legacy programme allowing nominated legacy contacts to access data. Twitter/X currently has no formal legacy process. Check each platform's current policy and set up their legacy tools now.

Are NFTs inheritance tax free?

No. NFTs are digital assets and are included in your estate for IHT purposes at their market value at the date of death. Valuing NFTs for probate can be challenging given the volatility and illiquidity of some NFT markets. HMRC expects a good-faith valuation based on available market data at the date of death.

What if I cannot find my deceased relative's crypto?

Without the private key or seed phrase, the cryptocurrency is inaccessible and cannot be recovered. There is no equivalent of a bank's lost account recovery process for self-custody wallets. Professional crypto forensic services can sometimes identify holdings on exchanges (where KYC records exist), but self-custody wallets are genuinely irrecoverable without the key material.

Book a will writing consultation

Wills, LPAs and probate support covering your area. Most wills are drafted within 3 to 7 working days.

Book a consultation