The Property (Digital Assets) Act 2025: Contesting the “Invisible” Estate

On 2 December 2025, the Property (Digital Assets) Act 2025 received Royal Assent, finally confirming that Bitcoin, NFTs, and “Data Objects” are legally personal property in the UK. This 1,000-word guide explores how this new law allows beneficiaries to sue executors who “lose” crypto keys, the rise of “Digital Asset Sequestration” in probate disputes, and how to contest a Will that fails to disclose hidden digital wealth.

From “Gray Area” to “Legal Property”

Until 2025, digital assets were a legal headache. If an executor claimed they “forgot the password” to a £500,000 Bitcoin wallet, beneficiaries struggled to hold them accountable because the law wasn’t clear if a “digital code” was actually property.

The Property (Digital Assets) Act 2025 has changed everything. It creates a “third category” of property—neither a “thing in possession” (like a car) nor a “thing in action” (like a debt), but a “Data Object.” This means digital assets now have the same legal protections as a house or a bank account.

Suing for “Digital Negligence”

If you are a beneficiary and the executor has mishandled digital assets, you now have a direct line of attack:

• Loss of Private Keys: If an executor loses the “seed phrase” to a crypto wallet, they are now liable for professional or fiduciary negligence.
• Failure to Value: Because crypto is volatile, an executor who fails to sell at a reasonable time (leading to a 90% drop in value) can be sued for “Waste.”
• Hidden Assets: We are seeing a surge in cases where the deceased’s laptop is “wiped” by a surviving spouse before the children can check for crypto wallets. Under the 2025 Act, this is now treated as the destruction of physical property, carrying much heavier legal penalties.

Trace and Recover

The 2025 Act gives the court the power to issue “Proprietary Injunctions” against crypto exchanges. If you suspect an executor is siphoning off digital funds, we can now “freeze” those assets at the exchange level faster than ever before. In the world of 2025 probate, “invisible” money is no longer out of reach.

Let’s Do This Together

Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.

To our team, this process is not about winning; it’s about claiming what was yours from the beginning.

Read our guide on how to cope with the emotional toll of contesting a will: The Emotional Toll of Contesting a Will and How to Cope: Legal Grounds and When Not to Contest a Will

Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

FAQs

1. Can I contest a Will if I think the deceased had “secret” crypto?

Yes. In 2025, we use Digital Asset Discovery. We can ask the court to order the executor to hand over the deceased’s devices for forensic analysis. If we find evidence of hidden wealth that the executor didn’t disclose, that is grounds for a “Lack of Knowledge and Approval” challenge.

2. What if the crypto has crashed in value since the death?

This is a major source of 2025 litigation. If an executor waited six months to sell the crypto and the price dropped by 50%, the beneficiaries can sue for the “loss to the estate.” An executor’s duty is to preserve value, not to “HODL” (hold on for dear life) like a gambler.

3. Can I inherit a social media account or an email address?

Usually, no. The 2025 Act distinguishes between “Data Objects” (which have value, like Bitcoin) and “Licensed Accounts” (like Facebook or Gmail). Most social media accounts are just licenses that end when you die. You can’t “own” them, so you can’t “contest” them in a Will.