Research Library · Reading path

What Happens to Bitcoin When Someone Dies

If someone close to you has died and held Bitcoin, these entries cover who owns it, how inheritance tax applies and what the law now says. Every entry links to its original source. A probate solicitor can advise on the estate itself.

A Will Cannot Reach Bitcoin
Alderlux
Guides · Article
2026-09-03
Law and inheritance

Inheritance law settles who owns Bitcoin. It does not make it reachable. What to establish, how to raise it, and the three conditions that close the gap.

Property (Digital Assets etc) Act 2025
legislation.gov.uk
Legislation
2025-12-02
Law and inheritance

Act confirming that digital or electronic things, such as cryptoassets, can be the object of personal property rights even though they are neither things in possession nor things in action, in England and Wales and Northern Ireland.

Digital Assets: Final report
Law Commission
Report
2023-06-27
Law and inheritance

Law Commission final report (Law Com No 412) recommending that English law recognise a third category of personal property capable of covering crypto-tokens such as Bitcoin.

CRYPTO25000 - Cryptoassets for individuals: Inheritance Tax
HMRC
Manual
2025-11-28
Law and inheritance

Explains that cryptoassets form part of a deceased person's estate for Inheritance Tax, how to identify and value them, and how to report inaccessible holdings.

CRYPTO22600 - Cryptoassets for individuals: Capital Gains Tax: determining the location of exchange tokens
HMRC
Manual
2025-11-28
Law and inheritance

Sets out HMRC's view that standalone exchange tokens are located where their beneficial owner is resident, for Capital Gains Tax and Inheritance Tax purposes.

Digital assets as personal property: Supplemental report and draft Bill
Law Commission
Report
2024-07-29
Law and inheritance

Supplemental report (Law Com No 416) containing the draft Bill that became the Property (Digital Assets etc) Act 2025.

Legal statement on cryptoassets and smart contracts
UK Jurisdiction Taskforce
Legal statement
2019-11
Law and inheritance

UKJT statement setting out the view that, under English law, cryptoassets can be treated as property and smart contracts can be legally enforceable agreements.

For professionals

For accountants, solicitors and financial advisers

The Library is free to use and to share with clients. Every entry links to its original source, and the reading paths follow the questions clients bring: Bitcoin in an estate, gains on disposal, cryptoasset ETNs in an ISA, Bitcoin held by a company.

Alderlux provides Bitcoin education, and helps clients plan how their own Bitcoin is held, secured and passed on, working alongside their solicitor.

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