Crypto in Your Will: What to Include and What to Leave Out

Your will should make clear who inherits your crypto and where the access instructions are. What must never appear in it is the seed phrase, the passphrase or any PIN or password: wills are read by several people and copies are issued. The will decides who inherits; access has to arrive by another route.

Inheritance law and tax vary by country. This guide is general information, not legal or tax advice: talk to a local lawyer, notary or tax adviser about your case.

Do you need to mention crypto in your will?

It is not compulsory. Crypto is part of your estate and is inherited like any other asset, under your will or, if there is none, under the default succession rules. But mentioning it is strongly advisable for a practical reason: if your heirs do not know it exists, they will not look for it. A bank account turns up through ordinary paperwork; a self-custody wallet does not.

We cover every step heirs have to take in how to inherit cryptocurrency.

What should your will say about your crypto?

Your lawyer or notary will draft the wording, but it helps to know what you want it to say:

That you hold crypto assets, without amounts: balances change every day and a will can stay in force for many years.
Who inherits them. They can go with the rest of the estate or to a specific person as a bequest, within the limits your country sets to protect certain heirs (in Spain, for example, the reserved share for children, parents or spouse).
Where the access instructions are, without including them: for example, "the access instructions will reach my daughter in a separate message".
Optionally, an executor who understands crypto. Someone with the technical know-how can save your family many mistakes.

What must never appear in your will?

The seed phrase. It is the secret that gives access to your funds: whoever holds it can move them.
The passphrase, if you use one.
PINs, passwords or codes for hardware wallets and exchanges.
The exact place where you keep the seed phrase. A will is not a private place.

The reason is simple: wills are read by several people before the estate is distributed, copies are issued and, in some legal systems, they can end up in court records. A secret that has passed through so many hands is no longer a secret, and if someone moves the funds before the estate is settled, getting them back is almost impossible.

A titanium Yoseyomo and a fountain pen, with the Inheritans capsule in the background

Which kind of will is best?

Forms vary by country, but the same rule applies to all of them:

Type	How it works	Advantage	For crypto
Will made before a notary or lawyer	Formally executed and kept on record	Secure, hard to challenge, easy to find	The best option. No secrets inside
Sealed or secret will	Content stays private while you are alive	Nobody reads it during your lifetime	It is opened after death: no good for secrets either
Handwritten will	Written and signed by you	Quick to make	Easy to lose or challenge, and often needs a court or notary step later

None of them is a good place for the seed phrase: they all end up being read by other people.

So how do the keys reach your heirs?

By a route separate from the will, and one that only opens when the time comes. We call it sovereignty: keeping the analogue and the digital apart.

The seed phrase, engraved in full on a Yoseyomo. A piece of metal, never connected, that lasts far longer than paper. Protected by a passphrase: without it, the seed phrase only opens a decoy wallet with little inside.
The passphrase and where the Yoseyomo is, in an Inheritans message. You describe the place without giving the exact address, using a reference only your family will understand. Inheritans encrypts the message on your device and delivers it only to the person you choose, and only when the time comes: after checking your death with the documents your trusted contacts provide or, if you stop logging in for the period you choose, after trying to reach you first.
The will, which ties it all together: it says who inherits and that the instructions will arrive through that message.

That way, neither the will nor any other piece on its own gives access to your funds, and your family receives what it needs when the time comes. We compare this method with the other options in how to pass on your seed phrase to your heirs without putting it at risk.

Inheritans does not replace a will: it complements it. The will decides who inherits; Inheritans makes sure the access information reaches that person, and only when the time comes.

How will your heirs be taxed on your crypto?

It depends on the country. Broadly, systems tax either the heir (inheritance tax), the estate (estate tax) or neither, and other taxes may apply when the heir later sells. Points to check with a local adviser:

Valuation date: usually the date of death, even if heirs gain access months later and the price has moved.
Filing deadlines and whether extensions are available.
Capital gains: whether gains built up before death are taxed, and what acquisition value the heir uses when selling.
Reporting duties for crypto held with foreign platforms.

In Spain, for example, each heir pays inheritance tax on the market value at the date of death, filed within six months (Ley 29/1987). The full Spanish detail is in the Spanish version of how to inherit cryptocurrency.

Want to get it ready? Make your will, engrave your seed phrase on a Yoseyomo and leave the passphrase in an Inheritans message that only reaches your family when the time comes.

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