By S&S Co. Advocates & Solicitors · Published 30 September 2026 · Informational content, not legal advice: see our disclaimer
Digital Assets Are Property Too, But They Don't Behave Like It
Cryptocurrency holdings, online brokerage and trading accounts, domain names, valuable digital collectibles, and even accumulated value in online gaming or content-platform accounts are, in principle, property capable of passing under a Will like any other asset. In practice, they behave very differently from a bank account or a piece of land, and a Will that simply says 'I leave all my property to X' without specifically addressing digital assets can leave an executor genuinely unable to locate, access, or transfer them at all, not because of any legal defect in the bequest, but because of how these assets are technically structured.
Why Cryptocurrency Specifically Creates a Problem
Unlike a bank account, which a bank can identify, freeze and eventually transfer once presented with a death certificate and appropriate succession documentation, cryptocurrency held in a private, self-custodied wallet exists only as an entry on a blockchain, controllable exclusively by whoever holds the relevant private key or seed phrase. If the deceased held cryptocurrency in this way and did not leave clear, secure instructions for accessing it, that cryptocurrency can become permanently and irretrievably inaccessible on death: there is no institution to approach, no customer service line to call, and no court order that can recover assets whose access depends entirely on a cryptographic key nobody else knows. This is a fundamentally different risk profile from any traditional asset, and it is the single most important reason digital assets need deliberate, specific estate planning attention rather than being left to a general residuary clause.
Cryptocurrency Held on an Exchange Is Somewhat Easier
Cryptocurrency held through a regulated exchange or custodial platform (rather than a self-custodied wallet) is generally more recoverable, since the exchange, like a bank, has its own account records and its own process for transferring or releasing assets to an executor or legal heir presenting appropriate documentation, though even here, executors should expect the exchange to require its own specific documentation and verification process, which can differ meaningfully from a traditional bank's, and should confirm the specific exchange's succession process rather than assuming it mirrors standard banking practice.
Building a Digital Asset Plan
A practical, secure approach generally involves three elements, kept genuinely secure and separate from the Will itself (since a Will, once probated, can become a public document, and private keys should never be written directly into it). First, a comprehensive, regularly updated inventory of digital assets, which exchanges, wallets, and platforms hold value, without necessarily recording the access credentials themselves in that inventory. Second, a secure, separately maintained record of access credentials (private keys, seed phrases, account passwords), stored using a method that balances security during the testator's lifetime against genuine accessibility to the executor after death: a bank safe deposit box, a secure password manager with emergency-access provisions, or a professional digital-asset custodian service are all used in practice, each with its own trade-offs. Third, clear instructions in the Will itself (without embedding the actual credentials) directing the executor to the existence of digital assets and to where the access information can be found, so the executor at least knows to look, and knows where to look, even without the Will itself containing sensitive access details.
Other Digital Assets Beyond Cryptocurrency
The same underlying planning problem extends to other digital assets: online brokerage or investment accounts (generally more recoverable, similar to bank accounts, given proper documentation); valuable domain names or digital collectibles, which may have real market value but no obvious institutional custodian; and accumulated value or content in online platform accounts, which is often governed by the platform's own terms of service regarding what happens to an account after the user's death, separate from and sometimes in tension with what Indian succession law would otherwise provide.
Practical Guidance
Anyone holding meaningful cryptocurrency or other digital assets should treat digital-asset estate planning as a distinct, necessary component of their overall estate plan, not an afterthought layered onto a traditional Will. Given the genuine, irreversible risk of permanent loss if this is done poorly, testators with significant digital holdings should specifically discuss a digital-asset access plan with whoever is drafting their Will, rather than assuming a general 'all my property' clause adequately covers assets that, unlike almost anything else in a traditional estate, can simply vanish without a proper access plan.
Frequently Asked Questions
Can cryptocurrency pass to heirs under a Will like any other property?
In principle yes, but a general bequest alone is often not enough: self-custodied cryptocurrency requires the private key or seed phrase to be accessible to the executor, or it can become permanently and irretrievably lost, regardless of what the Will says.
What happens to self-custodied crypto if no one knows the private key after the owner dies?
It generally becomes permanently inaccessible: there is no institution to approach and no court order that can recover assets whose access depends entirely on a cryptographic key nobody else knows.
Is cryptocurrency held on an exchange easier to pass on than a self-custodied wallet?
Generally yes, since the exchange holds its own account records and has a process for transferring assets to an executor or heir with appropriate documentation, though this process can differ from standard bank practice and should be confirmed with the specific exchange.
Should private keys or passwords be written directly into a Will?
No: a Will can become a public document once probated, so access credentials should be kept in a separate, secure record (such as a safe deposit box or a password manager with emergency-access provisions), with the Will simply directing the executor to where that information can be found.
What other digital assets besides cryptocurrency need estate planning attention?
Online brokerage accounts, valuable domain names or digital collectibles, and value or content in online platform accounts: the last of which is often also governed by the platform's own terms of service on what happens to an account after death.
References & Further Reading
This guide provides a general introduction to digital asset estate planning. Specific platforms, exchanges and custody methods each have their own succession processes and terms of service, which should be checked directly and factored into a testator's specific plan.
- Indian Succession Act, 1925: general framework for bequeathing property, including digital assets, under a Will.
- Information Technology Act, 2000: relevant to the legal characterisation of certain digital assets and electronic records.