‘I leave you my Bitcoin’ – digital assets now recognised as personal property
For the first time, digital assets have been given legal status as personal property.
This means they can be treated as traditional assets, making it easier to pass them on through your Will or a trust, simplifying the process of estate planning.
The Property (Digital Assets etc) Act 2025 came into force at the end of last year (2 December 2025) and recognises the growing popularity of online investment platforms, crypto wallets and blockchain marketplaces like PayPal’s which lets users buy, hold and sell cryptocurrency.
The government says that the new bill provides greater protection against scams and also means that ‘digital assets like cryptocurrency can be passed down through inheritance and recovered by creditors during bankruptcy, just like traditional assets.’
What is the new digital assets law?
The new legislation introduces a distinct third category of personal property to better recognise and protect the unique features of digital assets.
This runs alongside the two previously recognised categories into which digital assets, with their undefined legal rights, tended not to fit. These are:
- Things in possession – generally tangible things you can touch and hold like paintings, jewellery, cars etc.
- Things in action – these are intangible rights you can’t physically hold in your hands, like stocks and shares and intellectual property, but which can be enforced through legal action.
What digital assets are covered under the new law?
To ensure that legal principle decides the best way to define an asset, there is no actual list of officially recognised digital assets.
However, cryptocurrency like Bitcoin and Ethereum, non-fungible tokens representing digital art and collectible rights, tokenised assets and in-game or platform tokens can all now be considered part of your estate.
Cryptographic tokens that prove ownership of digital assets like videos, websites, music and photos will also be covered.
In addition, the new legislation enables you to take legal action in cases of theft, hacking or damage of digital property and means you can use digital assets as security for loans and mortgages.
Get in touch
If you want to make sure that your digital assets are recognised, planned for and protected in your Will, get in touch with our Wills and Mental Capacity Team.
All our solicitors are highly experienced. Many are members of The Association of Lifetime Lawyers (formerly Solicitors for the Elderly) and the Society of Trust and Estate Practitioners (STEP). Both organisations require the highest standards from its members with proven qualifications and experience.
Wards Solicitors wins high praise in the 2026 edition of the independent Legal 500 guide of outstanding legal professionals for its exceptional professional service standards and high levels of technical expertise.
We offer a free initial Wills appointment and can meet you in one of our offices or come to your home.