Research Library · Shelf

Bitcoin, Property Law and Inheritance in England and Wales

Law Commission reports, the Property (Digital Assets etc) Act 2025, inheritance tax guidance and UK court judgments on cryptoassets. Court judgments are listed with their court and date and link to the official text; they are not summarised.

AA v Persons Unknown & Ors, Re Bitcoin [2019] EWHC 3556 (Comm)
Find Case Law (The National Archives)
Judgment · High Court (Commercial Court)
2019-12-13
Scams and fraud

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.

BSV Claims Limited v Bittylicious Limited & Ors [2025] EWCA Civ 661
Find Case Law (The National Archives)
Judgment · Court of Appeal (Civil Division)
2025-05-21
Law and inheritance

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.

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.

D Culligan v A Culligan (Wells Sharing) [2025] EWFC 1
Find Case Law (The National Archives)
Judgment · Family Court
2025-01-14
Law and inheritance

DH v RH (No3) (Final Hearing) [2024] EWFC 79
Find Case Law (The National Archives)
Judgment · Family Court
2024-04-18
Law and inheritance

Digital assets and (electronic) trade documents in private international law: Consultation paper
Law Commission
Consultation
2025-06-05
Law and inheritance

Law Commission proposals on which country's courts and laws should apply to cross-border disputes over digital assets held on decentralised systems; consultation closed 8 September 2025 with a final report due in 2026.

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.

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.

Director of Public Prosecutions v Zhimin Qian & Anor [2026] EWHC 2509 (KB)
Find Case Law (The National Archives)
Judgment · High Court (King's Bench Division, Administrative Court)
2026-10-12
Scams and fraud

Fabrizio D'Aloia v Persons Unknown Category A & Ors [2024] EWHC 2342 (Ch)
Find Case Law (The National Archives)
Judgment · High Court (Chancery Division)
2024-09-12
Scams and fraud

ION Science Limited & Anor v Persons Unknown & Ors [2020] EWHC 3688 (Comm)
Find Case Law (The National Archives)
Judgment · High Court (Commercial Court)
2020-12-21
Scams and fraud

James Howells v Newport City Council [2025] EWHC 22 (Ch)
Find Case Law (The National Archives)
Judgment · High Court (Chancery Division, Business and Property Courts in Wales)
2025-01-09
Custody and security

Lavinia Deborah Osbourne v Persons Unknown Category A & Ors [2023] EWHC 340 (KB)
Find Case Law (The National Archives)
Judgment · High Court (King's Bench Division)
2023-02-22
Scams and fraud

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.

Losing Capacity, Not Life
Alderlux
Investigative · Analysis
2026-10-28
Law and inheritance

What a lasting power of attorney can and cannot do with a holder's bitcoin in England and Wales: legal authority, practical access and secure recovery are separate problems.

Payward, Inc & Ors v Maxim Chechetkin [2023] EWHC 1780 (Comm)
Find Case Law (The National Archives)
Judgment · High Court (Commercial Court)
2023-07-14
Law and inheritance

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.

Report on Control of Digital Assets
UK Jurisdiction Taskforce
Report
2026-03
Custody and security

A non-binding report by a UKJT expert panel, requested by the Lord Chancellor, explaining how the legal concept of control applies in practice to digital assets under English law, from direct and shared control to smart-contract, delegated, layered and privacy-oriented arrangements.

Tulip Trading Limited (a Seychelles company) v Wladimir Jasper van der Laan & Ors [2023] EWCA Civ 83
Find Case Law (The National Archives)
Judgment · Court of Appeal (Civil Division)
2023-02-03
Custody and security

What Splitting the Keys Changes
Alderlux
Investigative · Article
2026-10-28
Custody and security

Explains how multi-signature splits control of bitcoin across several keys, the risks it reduces and creates, and how the Law Commission separates control from ownership.

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