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UK cohabitation laws and digital assets drive rise in wills among young adults

Ben Luke by Ben Luke
September 9, 2026
in Business
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For a generation often perceived as having fewer traditional assets like real estate, the motivation to draft a will has shifted toward securing a different type of wealth. In late 2026, young adults are increasingly formalizing their estates to manage “digital ghosts”—monetized accounts and crypto-assets—and to bypass the legal “cohabitation trap” that leaves unmarried partners with no automatic inheritance rights.

A 27-year-old recently highlighting this trend reflects a growing cohort of Gen Z individuals who are moving to draft wills decades earlier than their parents did. While the National Wills Report 2025 found that only 37% of UK adults have a will—and only 20% of those aged 18 to 24—new legislative shifts are making the process more urgent for those with complex digital or relationship profiles.

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A tablet displaying a digital legal document.
Drafting a will early can prevent legal complications regarding digital accounts and unmarried partner rights.

The Property (Digital Assets etc) Act 2025

The primary driver for many young adults is the formal recognition of non-physical wealth. The Property (Digital Assets etc) Act 2025 is now fully in effect, legally classifying cryptocurrency, NFTs, and even monetized social media accounts as personal property in England and Wales. Without a will, these assets may become inaccessible or default to the state if they cannot be distributed through standard intestacy rules.

Securing these assets is not merely a matter of listing them. Legal experts warn that the Computer Misuse Act 1990 remains a significant hurdle. Family members who use a deceased person’s passwords to access accounts without specific legal authorization in a will could technically be in breach of the law. A modern will now often includes a “digital memorandum” that grants executors the legal standing to interact with platform providers like Apple, Google, or Coinbase.

Escaping the Cohabitation Trap

The second major catalyst is the persistent legal gap for unmarried couples. Despite 3.5 million cohabiting couples in the UK, the “common law marriage” myth remains prevalent, with 46% of the population incorrectly believing that living together grants the same rights as marriage.

Under current 2026 intestacy rules, a surviving spouse or civil partner is entitled to a statutory legacy of the first £322,000 of the estate. However, for an unmarried partner, this automatic entitlement is zero. Unless a will is in place, a surviving partner may be forced to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, a process that is often costly and emotionally draining.

There is potential for change on the horizon. The UK government’s a fairer end to relationships consultation, which explored granting cohabiting partners automatic inheritance rights, concluded its public feedback phase in August 2026. However, until such proposals become law, a will remains the only guaranteed way to protect a partner.

The Cost of Inaction

The financial barrier to entry for will-writing has lowered as digital-first services expand. In 2026, a basic “digital-ready” will can protect against the potential loss of a £322,000 statutory legacy or the permanent loss of digital assets. For many in their 20s, the decision is less about death and more about providing a clear roadmap for a digital and domestic life that current laws have yet to fully accommodate.

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Ben Luke

Ben Luke

Ben Luke is an acclaimed author, renowned art critic, and experienced journalist. He specializes in contemporary art, culture, and obscure historical narratives.

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