How to put crypto in your will
Your will can give your executors authority over your crypto. It should never contain the keys to it. Here's how to do both.
Crypto is part of your estate
In England and Wales, crypto is treated like any other possession when you die. It passes under your will, or under the intestacy rules if you don't have one, and it counts towards your estate for Inheritance Tax. The problem isn't the law. It's that your executors have to know the crypto exists and be able to reach it.
Never put your recovery phrase in your will
Once probate is granted, a will becomes a public document in England and Wales. Anyone can order a copy. A recovery phrase written in a will is a recovery phrase anyone can read, and whoever has the phrase can take the crypto.
The same goes for private keys, passwords and PINs. Keep them out of the will, out of emails and out of cloud notes.
What to put in the will
Your will should do two things:
- Give your executors clear authority to deal with digital assets, including crypto held in wallets and on exchanges.
- Point to a separate document that explains what you hold and where to find what they need, without forming part of the will itself.
Example wording to discuss with your solicitor or will-writer:
I authorise my executors to access, manage, transfer and sell my digital assets, including cryptoassets held in wallets or on exchanges, and to obtain any information needed to do so. Details of my cryptoassets and where to find the information needed to access them are kept in a separate plan, which does not form part of this will.
If you want particular crypto to go to a particular person, say so in the will in the usual way, for example "my Bitcoin to my daughter". Ask your solicitor how to word it, because the amount will change over time.
What goes in the separate plan
The separate plan is what your executor actually uses. It should cover:
- every exchange account (such as Coinbase or Kraken) and the email address it's registered to
- every wallet (such as a Ledger, MetaMask or Phantom) and where the device or app is
- where each recovery phrase is kept, not what it says
- how two-factor sign-in works for each account, and where the backup codes are
- who your executor is, and who else knows where the plan is
Keep the plan somewhere your executor will find it, for example with your will at your solicitor's or in your home safe. Update it when you open or close an account.
Choose an executor who can cope with it. Your executor doesn't need to be a crypto expert, but they do need to follow instructions carefully. If nobody in the family is comfortable, you can appoint a solicitor as executor or co-executor.
Don't forget Inheritance Tax
Your executor must include your crypto at its value in pounds on the date of death. Record roughly what you hold so they know what to look for. See Does crypto count for Inheritance Tax?
Make a plan your family can follow
The free WalletLegacy planner lists every wallet and exchange account you hold, shows it in pounds, and records where each recovery phrase is kept, without ever asking for the words.
Try the free plannerAdd WalletLegacy on Google Pick us as a preferred source and our guides show up more often in Google's Top stories.
This guide is general information for people in England and Wales, not legal advice. Scotland and Northern Ireland have their own rules. For your own will, speak to a solicitor or regulated will-writer.