Will clause for digital assets
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A will that does not mention digital assets leaves the executor with two problems: establishing that the assets exist and gaining the power to deal with them. The clause below solves the second. The first is solved by the inventory and letter of instructions in the estate checklist, which must sit outside the will because a Swiss will becomes a public document on the deceased's death and a Singapore will is filed with the court on probate.1 The Swiss version appoints an executor under Art. 517 CC, while the Singapore version appoints an executor and trustee.
Definition. "Digital Assets" means all crypto assets, tokens, digital payment tokens, ledger-based securities, non-fungible tokens and other assets recorded on a distributed ledger, wherever held, together with the private keys, seed phrases, hardware devices, accounts, passwords and other means of access to them, and any right against any exchange, custodian or other person in respect of them.
Swiss version (Art. 517 CC). I appoint [name] as executor (Willensvollstrecker) of my estate. The executor has, in addition to the powers conferred by law, full power to take possession of, access, secure, transfer, convert into Swiss francs or another currency, and distribute in specie my Digital Assets, to engage technical advisers for that purpose at the expense of the estate, and to instruct any exchange, custodian or other person holding Digital Assets for me. The executor is released from liability for loss in the value of Digital Assets between my death and their distribution, provided that the executor acted with due care.
Singapore version. I appoint [name] to be the executor and trustee of this Will. My executor shall have power to access, hold, manage, transfer, sell, exchange and distribute in specie any Digital Assets forming part of my estate, to use any password, key or device of mine for that purpose, to engage any person with technical expertise and to pay such person from my estate, and to give any exchange, custodian or other person such instructions and indemnities as may be required to deal with my Digital Assets. My executor shall not be liable for any fall in the value of Digital Assets between the date of my death and the date of distribution where my executor has acted in good faith.
Specific gift. I give my [Bitcoin / tokens of type X] [held at the date of my death] to [beneficiary], to be transferred in specie to a wallet address nominated by the beneficiary within [six] months of the grant of probate, and if the beneficiary has not nominated an address by then my executor may sell the assets and pay the proceeds to the beneficiary.
Access instructions. I have deposited with [my executor / my lawyer / the following custodian] a sealed letter of instructions concerning access to my Digital Assets. The letter does not form part of this Will and may be updated by me at any time.
The release from liability for value changes is more important than it looks. Crypto prices move so fast that an executor who takes six months to obtain probate may be blamed for a 40 per cent fall, and executors who understand this decline the appointment unless the will protects them.
Notes
- Civil Code Art. 556 ff. (delivery and opening of the will); Probate and Administration Act 1934, s. 10 ff.; see Part D, Chapter VIII and Part J, Chapter VII. ↩
For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of October 2026.