Last Updated on April 28, 2026 by tanya

Can Digital Assets Be Contested in Probate?

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Crypto, Online Content and Probate Disputes

Digital assets are now a recognised part of modern estates, along with property, savings and personal possessions, but can digital assets be contested in probate? As online activity and digital wealth has continued to grow, so have the number of contentious probate disputes.

With the introduction of the Property (Digital Assets) Act 2025, executors, beneficiaries, and legal practitioners face a clearer but more complex framework for handling everything from cryptocurrency to monetised online content.

The key question many families now ask is whether digital assets are included in a will dispute and while the simple answer is ‘yes’, it is also a complex area of law. So if you are dealing with this regarding the estate of a loved one, it’s advisable to seek legal advice early on.

 

Definition of Digital Assets in Probate

The 2025 Act formally recognises a broad category of digital assets within estate law. These include:

• Cryptocurrencies and tokens
• NFTs and blockchain-based holdings
• Monetised online platforms (YouTube channels, blogs, subscription accounts)
• Domain names and digital intellectual property
• Social media accounts with commercial value

This matters because probate disputes often hinge on classification. If an asset qualifies as part of the estate, it becomes contestable. Before 2025, ambiguity often led to assets being overlooked or inaccessible. Now, the law removes much of that uncertainty, but has introduced new grounds for dispute.

A practical insight here: families rarely argue about digital assets in isolation. Instead, disputes arise when digital wealth significantly shifts the perceived fairness of a will. A crypto wallet worth six figures discovered after death can rapidly change the tone of inheritance discussions.

 

Can Cryptocurrency Be Contested in Probate?

Cryptocurrency presents one of the most contentious areas under the new legislation. Unlike traditional bank accounts, crypto assets rely on private keys, decentralised networks, and, in many cases, anonymity.

However, under the 2025 Act, crypto holdings are explicitly treated as property. This means they can be:

 

• Included in the estate
• Valued at the date of death
• Distributed according to the will (or intestacy rules)
• Contested like any other asset

 

Disputes typically arise in three scenarios:

 1.Undisclosed Holdings If an executor or beneficiary suspects that crypto assets exist but were not declared, they may challenge the estate’s completeness. Blockchain transparency can help trace transactions, but access remains difficult without private keys.

 2. Access and Control Issues Even when crypto is acknowledged, disputes often centre on who has access. If a deceased individual failed to share wallet credentials, the asset may effectively be lost.

3. Valuation Disagreements Crypto volatility introduces a unique probate tension. Beneficiaries may argue over whether valuation at the date of death fairly reflects the asset’s true worth, especially if prices surge or crash shortly after.

From a human perspective, these disputes may reflect deeper trust issues. Families may not fully understand crypto, which can lead to suspicion, especially if one beneficiary appears more knowledgeable or involved.

 

Online Content and Monetised Digital Estates

Online content adds another layer of complexity. A blog generating passive income, a YouTube channel with advertising revenue, or a subscription-based platform can all form part of the estate.

Under the 2025 Act, such assets are recognised not just as accounts, but as income-generating property. This distinction matters in probate disputes.

Common points of contention include:

 

• Ownership vs. access rights: Platforms often operate under user agreements that complicate transferability.
• Ongoing revenue streams: Beneficiaries may dispute whether income generated after death belongs to the estate or specific heirs.
• Creative control: In some cases, heirs disagree about whether to continue, sell, or shut down a digital platform.

 

From a human perspective, emotional value often intersects with financial value here. A monetised blog or channel may also represent a person’s legacy, making disputes less about money and more about control and identity.

 

The Role of Executors Under the 2025 Act

The Property (Digital Assets) Act 2025 places greater responsibility on executors to identify, secure, and manage digital assets. This includes:

 

• Conducting reasonable searches for digital holdings
• Requesting access from service providers
• Safeguarding private keys and credentials
• Accurately valuing assets

 

Beneficiaries may challenge an executor’s actions if they believe digital assets were mishandled, undervalued, or overlooked.

 

Grounds for Contesting Digital Assets in Probate

The legal grounds for contesting digital assets tend to mirror those for traditional estates, but the digital context introduces new distinctions.

Key grounds may include:

 

Lack of Knowledge or Approval If a will fails to mention significant digital assets, beneficiaries may argue that the testator did not fully understand or disclose their estate.

Undue Influence This becomes particularly relevant where one individual had access to digital accounts or assisted in managing them. Control over digital assets can translate into influence over estate planning.

Fraud or Misrepresentation Digital environments make it easier to conceal or misrepresent assets. Disputes may arise if someone suspects manipulation of wallets, accounts, or revenue streams.

Failure to Administer Properly Executors can be challenged if they fail to secure or properly distribute digital assets.

 

A recurring pattern in real cases is that digital disputes do not often surface alone. They often reinforce wider concerns about fairness, transparency, and family dynamics.

 

Practical Challenges in Digital Probate Disputes

Even with clearer legislation, enforcing rights over digital assets remains difficult.

Some practical barriers include:

• Jurisdictional issues: Many platforms operate internationally, complicating UK probate enforcement.
• Encryption and access: Without passwords or keys, assets may be irretrievable.
• Platform policies: Service providers may restrict account transfers, even when legally permitted.

These challenges can prolong disputes and increase legal costs. In some cases, the cost of pursuing a claim may outweigh the value of the asset itself.

 

Do You Need Help Today?

Prevention remains the most effective method of reducing the possibility of a dispute over digital assets. This is managed by explicitly addressing digital assets in a will and appointing executors with the appropriate technical understanding, as well as keeping a clear inventory of such assets with the relevant access credentials and passwords.

However, this may not always happen. So, if you’re involved in a challenge to a will involving digital assets, it’s important to seek advice from specialist contentious probate solicitors. Michael Jefferies, who has extensive legal experience, can help to connect you with a panel of solicitors who handle these types of disputes.

Call us at 0333 358 2345 or contact us online for your free consultation.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.