Adding Cryptocurrencies to Your Will
Cryptocurrencies are not like traditional assets, there are certain things you need to make sure your will includes if you plan on gifting it to a beneficiary.
The first thing to do is make sure you clearly outline you intend to gift cryptocurrency in your will. That may be obvious, but if you don’t it will fall under your residue clause. As well, the problem with not explicitly mentioning where your cryptocurrency is, is that it is hard to find. There is no paper trail with cryptocurrencies and if your beneficiaries don’t know you have it, or don’t know how to find it, it may run the risk of being lost all together.
The next important piece is listing where to find your cryptocurrencies. There are many various types of exchanges and wallets that people can use to store cryptocurrency, so make sure you clearly identify where yours is stored. It’s important that you list the physical crypto wallets, USB sticks, smartphones, or laptops where your cryptocurrency is stored, but remember, when wills go through probate they become public record, so you don’t want to include passwords or PINs. The best way around this would be to include a memorandum that goes alongside your will. It is referenced in the will, but will not become public record. Memorandums are also easier to update as they don’t require the formal process that a will does.
Next, the issue of one’s private key, or way of accessing the crypto. When making cryptocurrency transactions, nothing can happen without one’s private key. If this private key is lost, there is no way to recover it and no way to access the funds. Losing the private key essentially means you’ve lost all access to your cryptocurrency forever. This requires one to keep the key safe while alive, and then securely pass it on to their beneficiary once they have passed.
The next step is making sure your beneficiaries know how to access your crypto, and also understand it. Cryptocurrencies are new and can be quite intimidating to someone who doesn’t have much experience with it. It’s important to leave instructions for your loved ones so that they can easily access and manage your cryptocurrency when they gain control over it. Use plain language and make sure to explain everything clearly.
Alternatively, if you wish to have your beneficiaries receive traditional cash instead of cryptocurrencies, it’s important that the executor of your will has the knowledge and understanding on how to exchange cryptocurrency for cash. With cryptocurrency becoming more popular there are more people able to do this, but it is an important piece to consider when creating your will.
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