Changing Times: A New Form of Property

The Property (Digital Assets etc) Act 2025 marks an important change in how the law treats digital assets. As more of our personal and financial lives move online, items such as cryptocurrencies, digital tokens and other online assets no longer fit neatly into the old legal categories of property. They have long sat awkwardly within the traditional framework.

The new Act aims to fix this. It recognises digital assets as a type of property in their own right and provides a clearer set of rules for how they should be dealt with. This means that individuals, families and businesses now have much more certainty about how digital assets can be owned, transferred and protected.

The law is designed to be flexible, recognising how quickly technology develops. Rather than adopting a rigid definition of what a “digital asset” is, the Act sets out principles to help assess each new type of digital item as it appears. This approach avoids the risk of the law becoming outdated and ensures it can keep pace with a fast-moving sector.

For anyone planning their estate, this development is particularly important. Digital assets should now be viewed as part of a person’s overall property portfolio. Keeping good records, ensuring someone can access relevant accounts, and giving clear instructions in your Will will help make sure these assets can be properly identified and passed on.

If you would like advice on how to include digital assets in your Estate Planning, please contact  me, Isabelle Draper here, or one of our Private Client solicitors here.