As the digital economy continues to evolve in 2026, national law firm Clarke Willmott LLP is urging families and executors to recognise the growing importance of digital assets in probate, warning that online holdings can present significant legal and practical challenges if not properly addressed.
From cryptocurrency wallets and online bank accounts to cloud-stored photographs and social media profiles, digital assets now form a substantial part of many estates. Unlike physical possessions, however, these assets are often difficult to locate, access and value, particularly where no clear records or instructions have been left behind.
Digital assets can include financial holdings such as online bank accounts, cryptocurrency and PayPal balances; personal items such as photos, videos and documents stored in the cloud; social media profiles on platforms including Facebook, Instagram, TikTok and LinkedIn; entertainment accounts such as gaming profiles and streaming subscriptions; and business-related assets including domain names, websites and online stores.
Michelle Seddon, partner and private client expert at Clarke Willmott, said: “Digital assets are no longer a niche issue, they are an important part of modern estates. Some of these assets carry significant monetary value, while others hold deep emotional importance for families. All require careful handling during the probate process.
“Executors can face real difficulties if passwords, recovery information or clear instructions haven’t been left.Taking simple steps during lifetime to document and plan for digital assets can save families considerable stress, delay and potential financial loss.”
The proposed Property (Digital Assets etc.) Bill is expected to play a key role in shaping the future legal landscape by formally recognising digital assets as a distinct category of personal property, separate from physical possessions and legal claims. This development could provide greater clarity for executors by confirming ownership rights and setting clearer protocols for access and administration.
Despite anticipated legal reform, practical challenges remain. Many digital assets are password-protected or encrypted, making access difficult without prior planning. Assets may be stored across multiple platforms or hidden in long-forgotten accounts. In many cases, individuals leave no clear instructions in their Will regarding digital property. In addition, cryptocurrency and other digital holdings can present complex tax considerations, adding further responsibility for executors.
Michelle said: “Executors should identify and inventory digital assets as early as possible in the probate process, review the Will for any digital asset clauses or instructions, and seek specialist legal advice when accessing or valuing digital holdings.
“It’s also advisable for people to plan proactively by incorporating digital assets into their estate planning to avoid uncertainty and delay for loved ones.”
Clarke Willmott’s private client team continues to support clients in future-proofing their estates and provides specialist guidance to executors navigating the increasingly complex digital landscape.
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