Can Digital Assets Be Included in a Contentious Probate Claim

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Who Owns a Deceased Person’s Digital Assets?

If a loved one dies without including digital assets in their will, an important question is whether digital assets can be included in a contentious probate claim. But, who owns a deceased person’s digital assets? The new Property (Digital Assets) Act 2025 has changed the landscape providing digital property a more defined status in probate cases.

While it can be complicated, ownership basically depends on the type of asset and whether your loved one left any instructions in their will. Some digital assets are directly owned, such as digital art or a crypto wallet, while some are only licensed i.e. iTunes music.

As the ownership of digital assets is a relatively new area when it comes to contentious probate law, we take a look at digital assets and probate disputes.

So What Counts as a Digital Asset?

Digital assets are anything of value stored electronically. They fall into two broad categories: sentimental and financial and both can become contentious.

Some common examples include:

• Digital art and NFTs: unique digital creations stored on blockchain networks
• Music, writing, blogs and online courses: including monetised content
• Digital photos and videos: often stored in cloud accounts
• E‑commerce assets: online shops, domain names, customer lists, monetised social media
• Cryptocurrency and crypto wallets: Bitcoin, Ethereum, tokens
• Online financial accounts: PayPal, Stripe, Wise
• Gaming assets: in‑game currencies, skins, characters

The challenge is that ownership varies. Some assets are truly owned (domains, cryptocurrencies or a collection of digital media), while others are only licensed (e.g. streaming services). This distinction becomes important when dealing with probate.

The Property (Digital Assets) Act 2025: What Has Changed?

The Property (Digital Assets) Act 2025 is regarded as a landmark piece of legislation in a world which is increasingly online. It finally recognises digital assets as personal property. Before this Act, digital assets often fell into a grey area – part property, part contract, part intellectual property.

Key changes introduced by the Act:

• Digital assets are now legally recognised as personal property, capable of being owned, transferred, inherited, or contested.
• Executors have statutory rights to access and manage digital assets, subject to platform security requirements.
• The Act clarifies that digital assets can be included in probate valuations, just like physical property.
• It provides a framework for dealing with blockchain‑based assets, including how they should be disclosed and transferred.
• It strengthens the legal basis for including digital assets in contentious probate claims, especially where they have financial value.

In a nutshell, the Act brings digital property into the mainstream of estate administration.

Who Owns a Deceased Person’s Digital Assets?

Ownership depends on three things:

1. What the deceased actually owned

Crypto, NFTs, domain names, and digital art are typically owned outright. Streaming libraries, email accounts, and social media profiles are usually licensed, not owned.

2. What the will says

If the will mentions digital assets, the executor must follow those instructions.

3. What the platform terms allow

Some platforms prohibit transfer of accounts after death. Others allow memorialisation or access by executors.

If there’s no mention of your digital assets in your will, they will fall into the residue of the estate.

Important note: This is unless they are inaccessible due to passwords or platform restrictions. For example, for blockchain‑based assets like cryptocurrency: without the private key or seed phrase, the asset is effectively unrecoverable. There is no central authority to appeal to, no password reset, and no legal mechanism which can force access.

Can Digital Assets Be Included in a Contentious Probate Claim?

Digital assets can absolutely be included in a contentious probate claim, even if they are not mentioned in the will.

This is one of the most important practical consequences of the 2025 Act.

Here are some real examples which may be contested:

• A beneficiary believes another person has taken control of digital assets
• Digital business assets (e.g., an online shop or monetised YouTube channel) were omitted from the estate valuation
• There is suspicion of undue influence, such as someone persuading the deceased to transfer digital assets shortly before death
• There is evidence of fraud, such as unauthorised access to crypto wallets
• A family member claims the deceased intended them to inherit digital property but failed to update the will

Because digital assets can be high in value and easily hidden, they are increasingly becoming part of probate disputes.

What Happens If Digital Assets Aren’t Mentioned in the Will?

If the will doesn’t mention digital assets, several things happen:

They form part of the residuary estate

Unless specifically gifted, digital assets fall into the “everything else” category.

Executors must identify and secure them

This includes locating devices, cloud accounts, crypto wallets, and online businesses. Without passwords or recovery keys, executors may need court orders or specialist digital forensics support

They must be valued

Crypto and digital businesses can fluctuate dramatically, so valuation is often complex.

They may become contentious

If beneficiaries believe assets were hidden, mismanaged, or wrongly distributed, disputes can arise.

What People Often Don’t Realise

Our Managing Director, Michael Jefferies has partnered with a panel of highly experienced solicitors in contentious probate who cover this complex area of law and many beneficiaries may not be aware that:

• Crypto is the most commonly hidden digital asset in probate disputes.
• Executors can potentially commit a criminal offence by accessing accounts without proper authority.
• Digital photos and videos may have copyright value, especially for influencers or creatives.
• Online businesses can be worth more than physical ones, yet are often overlooked.
• A single lost private key can wipe out an entire crypto inheritance, there is no “forgot password” option.
• Deleting a deceased person’s digital accounts too early can destroy evidence needed in contentious probate cases. 

FAQs: Digital Assets in Contentious Probate Claims

1. Do executors automatically get access to digital accounts?

Not automatically. They have legal authority, but platforms may require proof, court orders, or may refuse access entirely depending on their terms.

2. Can someone inherit cryptocurrency?

Yes, crypto is treated as property. But the executor must have access to the private keys or seed phrase.

3. What if someone else has taken control of the digital assets?

This can form the basis of a contentious probate claim, especially if the assets were transferred shortly before death.

4. Are social media accounts inheritable?

Usually not. Most platforms treat accounts as non‑transferable licences. However, it’s worth noting that the content within them may have intellectual property value.

5. Can digital assets be valued for probate?

Yes, under the 2025 Act which came into effect in December 2025, they must be valued if they form part of the estate.

6. What if the deceased left no instructions?

The assets still form part of the estate. Executors must identify, secure, and distribute them according to the will or intestacy rules.

Contact Us for a Free Consultation

Digital assets are now a mainstream part of estate planning and probate disputes and as a result, these have also opened the door to more contentious probate claims.

So, whether you’re an executor, beneficiary, or someone concerned about missing or mismanaged digital property, getting early legal advice is essential as evidence can disappear quickly.

Our partner panel of specialist lawyers offer a range of fee structures, including ‘No Win, No Fee’ along with other flexible funding – contact our team now to arrange your free consultation:

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