In this guide
Legal and tax
Crypto in a will
How a will handles cryptocurrency: who inherits, what the document can and cannot do technically, and why secret material never belongs in it.
If you are weighing a will against a trust, the comparison is on a separate page: crypto in a will vs a trust.
A will decides who inherits. It does not unlock a wallet. These are two different jobs, and the most common planning mistake is mixing them up.
What a will does
- Names the heirs and the executor (or how they are determined under local law).
- Governs how the estate is distributed, including cryptocurrency as property.
- Becomes a public document in many jurisdictions after death.
- Can record that an inventory exists and where authorised people may find it.
What it does not do
- It does not transfer technical access. A will cannot create a seed phrase, and it does not change what the exchange requires.
- It does not make the heirs able to reach self-custody assets without the access material. Heirs can receive a right they cannot exercise.
- It does not decide who may use the keys, only who may own the assets. Access and ownership are separate questions.
Keep the layers separate
A working structure separates three layers:
- Inventory, what may exist and where it can be found. Contains no secrets.
- Access instructions, how a wallet is approached within the lawful framework.
- Secrets, seed phrases, private keys, passwords, passphrases. Stored separately and secured, with agreed rules about who may use them and when.
Only layer one belongs with the lawyer or notary. The lawyer determines the legal structure; the technical side is arranged alongside, not inside, the legal document.
Why secrets never belong in a will
A will that contains a seed phrase becomes a public exposure of access material after death, and access is not the same as ownership. Whoever holds the phrase can use the crypto before the estate is settled, which can have serious consequences for the heirs. The same applies to emails, cloud documents and forms: no full seed phrase, private key or password ever goes into a document that is copied, filed or read by others.
The professional boundary
Estate lawyers and notaries decide the legal structure; they are not the source for the technical inventory. Technical specialists document the access structure; they are not the source for who inherits. Both, working together, close the estate.
If you are planning ahead
Discuss the legal structure with a qualified local professional, then arrange a secret-free inventory that states which wallet categories exist and where an authorised person can find it. Review it periodically, every year or on major changes. The goal is that a competent person could act on the plan without you present.
Who to look for in your area
When you are ready to plan, search for a notary or estate lawyer in your area who drafts wills and handles inheritance matters. Ask them directly how they approach digital assets, this is now part of standard estate planning. Bring a secret-free inventory; never a seed phrase.
Rules and deadlines can change, and this page may not yet reflect the latest position, have the current rules confirmed by a local lawyer, notary or tax adviser before acting. Spotted something that no longer matches? Contact us and we will correct it.