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Digital Assets6 min read5 April 2025

How to Include Cryptocurrency and Digital Assets in Your South African Will

Crypto, NFTs, online accounts — what happens to your digital assets when you die? Here's how to protect them in your South African will.

South Africa is one of the top crypto-adopting countries in the world — yet almost no one has included their digital assets in their will. This creates a growing problem: billions of rands in cryptocurrency, NFTs, and online accounts are lost permanently every year because no one knows they exist, or because no one can access them.

What Counts as a Digital Asset?

For estate planning purposes, digital assets include:

  • Cryptocurrency — Bitcoin, Ethereum, USDC, and any altcoins on exchanges like Luno, AltCoinTrader, Binance, or Kraken, or in self-custody wallets
  • NFTs and digital collectibles
  • Online investment accounts — EasyEquities, Franc, trading platforms
  • PayPal, Wise, and digital payment wallets
  • Domain names and websites
  • Digital businesses and online income streams
  • Loyalty points and rewards with significant value
  • Online gaming assets

The Problem With Crypto and Inheritance

Traditional assets like property and bank accounts leave a paper trail. Your executor can contact the bank, produce a death certificate and Letters of Executorship, and access the account. Crypto is fundamentally different:

Self-custody (hardware wallets, software wallets)

If you hold crypto in your own wallet — a Ledger, Trezor, MetaMask, Phantom, or Trust Wallet — only the seed phrase can recover the funds. Without it, the crypto is lost permanently. No company can help. No court order will work. The blockchain is immutable.

Exchange accounts

Exchanges like Luno and Binance require proof of death and executor authority to release funds. The process varies by platform and can take months. Without knowing which exchanges exist, your executor won't even know to ask.

The Legal Position in South Africa

Cryptocurrency is treated as property under South African law — specifically as an intangible asset. It forms part of your deceased estate and must be administered by your executor. SARS treats crypto gains and disposals (including death) as taxable events under the Income Tax Act.

There is currently no specific legislation covering digital asset inheritance in South Africa, though FSCA and SARB have issued guidance on crypto as a financial product (FSCA Declaration, 2022). This makes proper estate planning more important — not less — because the default rules weren't written with digital assets in mind.

How to Include Digital Assets in Your Will

Step 1: Inventory your digital assets

Create a complete list of every exchange account, wallet address, and digital account you own. Do not include passwords or seed phrases in the will itself — wills become public documents during estate administration.

Step 2: Use a digital vault

Store the sensitive access information (wallet addresses, exchange account details, hardware wallet locations, seed phrase storage instructions) in a secure digital vault that your executor can access after your death. urWill's Digital Vault is built specifically for this purpose.

Step 3: Write specific bequests

In your will, include a clause like: "I bequeath all cryptocurrency and digital assets held in my name, as detailed in my Digital Asset Inventory stored in my urWill Digital Vault, to [beneficiary name and ID number]."

Step 4: Give your executor a fighting chance

Brief your executor — before you die — on the existence of digital assets and where to find the access instructions. The LOA (Letter of Authority) process at exchanges is much smoother when the executor already has the account details.

Seed Phrases: The Critical Warning

A seed phrase (12 or 24 words) is the master key to a self-custody wallet. Whoever has it, controls the funds. Never:

  • Store seed phrases digitally in plain text (email, Notes, Google Drive)
  • Include seed phrases in your will (wills are filed publicly with the Master of the High Court)
  • Tell multiple people where your seed phrase is stored

Do: Store your seed phrase on steel or paper in a physically secure location (safe, safety deposit box), and ensure your executor knows where it is — without knowing what it is until your death.

Don't Let Your Digital Wealth Die With You

urWill's Digital Vault lets you record every exchange account, wallet, and digital asset in one place — securely, without storing passwords. Your executor gets a complete inventory the moment they need it. Create your will and Digital Vault today — free. Also see our guide on writing a legally valid will in South Africa to ensure your crypto bequests hold up.

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