Blockchain and Digital Assets

Matt Green
September 2026

Crypto investors spend years building digital wealth, yet many overlook a fundamental question: if something happens to you, will your loved ones actually be able to access it?

Unlike money held in a bank account, crypto assets often depend on things far more fragile than a signed will: knowledge, access and control. If private keys, seed phrases or wallet credentials are lost, assets can effectively become  inaccessible, regardless of who is legally entitled to inherit them.

And even where a clear intention exists, things can still go wrong.

When inheritance, family and crypto collide

We recently advised a client in a dispute involving a substantial holding of cryptocurrency that she had been promised by her brother.

The assets were a native token linked to a blockchain project founded  by her brother, who in turn intended that members of his family would benefit from a future token allocation . Formal contracts were executed allowing the client to receive a a specified number of tokens within two years.

However, despite those arrangements, the transfer never happened.

The situation became increasingly problematic. The client had already disclosed the assets to HMRC and had factored them into wider financial and estate planning arrangements. Yet she had no possession of the tokens and no practical control over them.

What began as a family issue quickly evolved into a complex legal dispute involving digital assets, contractual rights and cross-border considerations.

The challenge: ownership without control

A  recurring theme in many disputes concerning crypto assets is the fundamental difference between being entitled to an asset (whether by private agreement, or via our legal system) and actually controlling it at a practical level.

In this case, the individual holding the tokens believed that transferring funds may affect the value of the project’s native token and affect market perception. As a result the tokens were not transferred, in breach of the contract.

Traditional estate planning advice had not resolved the client’s concerns, so the matter was referred to our Dispute Resolution team.

Rather than approaching the issue as a succession matter, we examined the contractual framework underpinning the arrangements and identified potential routes to enforcement.

An unexpected contract hiding in plain sight

While the original agreement presented certain challenges, a later email exchange proved critical.

In that correspondence, the token holder acknowledged that the original arrangement had not been fulfilled and proposed a new arrangement under which the assets would continue to be held before being transferred at a later date.

The client accepted those terms.

Although no formal contract had been signed, the exchange contained many of the features typically associated with a binding agreement. It became a key component of the legal strategy and strengthened arguments that the dispute could be pursued through the English courts.

The case serves as a useful reminder that important legal obligations can arise from informal communications, including emails, messages and other digital correspondence.

Turning legal pressure into a practical solution

Another important factor was the disparity in the value of the cryptocurrency over time.

Our team assessed the difference between the current value of the assets and the value when they were originally due to have been transferred. . The difference in quantum was significant. A resulting damages claim created significant commercial pressure and encouraged meaningful settlement discussions.

Ultimately, court proceedings were not required.

Following negotiations, the parties reached an agreement. After a successful test transfer, the remaining tokens were transferred to the client’s wallet, bringing the dispute to an end and ensuring she received the assets to which she was entitled.

What can crypto holders learn from this?

The case highlights an issue that is becoming increasingly common as digital assets form a larger part of personal wealth.

Many people assume that making a will is enough to ensure their crypto passes to the next generation. In reality, legal entitlement is only part of the picture.

The more important question is whether executors or beneficiaries will be able to access and control those assets when the time comes.

When considering crypto as part of your estate planning, it is worth asking:

  • Do executors know that the assets exist?
  • Is there a secure record of where those assets are held?
  • Will the right people be able to access private keys, seed phrases or recovery credentials when required?
  • Are there appropriate safeguards to balance security with access?
  • Have any informal arrangements been properly documented?

Without clear answers to these questions, there is a risk that substantial value could become inaccessible, regardless of what your will says. In fact the transfer of wealth could be held up entirely if the assets cannot be adequately controlled.

The future of inheritance is digital

As digital assets become increasingly mainstream, estate planning is having to evolve alongside them.

The legal issues are rarely confined to wills and probate alone. Questions of contract, control, jurisdiction, taxation and technology frequently overlap.

For families and investors alike, the key lesson is simple: don’t just plan who should inherit your crypto. Plan how they will access it.

When it comes to digital assets, ownership and control are not always the same thing.