Bitcoin and Wills UK — Why Public Record Is a Problem

Your Will Is a Public Document

Most people don’t realise this. In England and Wales, once probate is granted, anyone can buy a copy of your will from the Probate Registry for a few quid. It’s public record.

So if your will says “I leave my Bitcoin to my son James” — congratulations, you’ve just told the world:

You owned Bitcoin
Who inherited it
Your family is probably grieving and vulnerable

It doesn’t take long for someone to find James on Facebook, send a “helpful” DM about recovering digital estates, and run a social engineering scam. Your heir probably doesn’t know what a hardware wallet is or that HMRC doesn’t contact people via Telegram.

Even if you don’t specifically mention Bitcoin, probate courts sometimes require asset valuations. If your estate is large enough or there’s a dispute, Bitcoin holdings can end up in public court records anyway.

The Deeper Problem: Wills Handle Who, Not How

Saying “my son gets my Bitcoin” is like saying “my son gets my email account.” Fine, but what’s the password? Where’s the hardware wallet? What’s the PIN? Does he know how to use a seed phrase without getting scammed?

A will handles who gets what. It does nothing for how to access it. And for Bitcoin, the “how” is the entire problem.

What Actually Works

Keep the Will Vague

If you mention crypto at all, keep it as generic as possible:

“I leave my digital assets to [Name]. Full details and access instructions are set out in my letter of wishes dated [date], which is stored with [solicitor name / location].”

“Digital assets” is deliberately vague. It could mean anything — photos, domain names, online accounts. It doesn’t scream “I had Bitcoin” to anyone reading the public record.

Avoid this kind of wording:

“I leave my Bitcoin holdings…”
“I leave my cryptocurrency portfolio…”
“I leave 2.5 BTC to…”

Any of this in a public will is a neon sign.

Use a Letter of Wishes Instead

A letter of wishes is a UK concept — it’s a private document that guides your executor but doesn’t become public record. This is where the real detail should go.

Your letter of wishes should contain:

Digital Asset Inventory

What crypto you hold (Bitcoin, Ethereum, etc.)
Approximate amounts
Where each asset is held (exchange name, hardware wallet model, software wallet)
Account email addresses and usernames for exchange accounts

Step-by-Step Access Instructions

For hardware wallets: where the device is stored, the PIN, how to connect it, which wallet software to use
For exchange accounts: login credentials, 2FA method, backup codes
For self-custody wallets: where the seed phrase is stored (reference by location only — not the actual phrase)

Seed Phrase Location

Tell the executor where the seed phrase backup is stored. For example: “My Bitcoin seed phrase is stored on a metal backup plate in the fireproof safe in my study. The safe code is [code].”
Do not write the actual seed phrase in the letter of wishes. Reference its location only.

Distribution Guidance

Should the crypto be sold and distributed as cash, or transferred to the beneficiary’s wallet?
Are there tax considerations?
Is there a trusted person who can help with the technical side?
Any timing instructions? (“Hold for 6 months” or “sell immediately and distribute cash”)

Name the Right Executor

Consider naming someone who understands cryptocurrency as co-executor, or at minimum, someone willing to follow detailed written instructions. A traditional solicitor with no crypto knowledge will struggle.

Your will should grant the executor authority to:

Access digital wallets and exchange accounts
Transfer cryptocurrency between wallets
Convert cryptocurrency to fiat currency
Engage specialist advisers for digital asset recovery

Test It While You’re Alive

This is the step almost everyone skips. Get your heir to access a small amount of Bitcoin now, while you’re alive and can help. If they can’t do it with you standing next to them, they definitely can’t do it when you’re gone and they’re grieving.

Even a test with 0.001 BTC will expose every gap in your plan.

What Never Goes in a Will

Absolutely never include these in your will (or any public document):

Private keys or seed phrases — anyone who reads the will can steal everything
Exchange passwords or 2FA codes — same risk
Specific Bitcoin amounts — your holdings change over time, and it advertises value
Wallet addresses — blockchain is public, this reveals your balance to anyone

All of this belongs in the letter of wishes, which stays private.

When to Update

Your letter of wishes should be reviewed:

When you change wallets or exchanges — old instructions become wrong
When you change security setups — moving from software to hardware wallet, single-sig to multi-sig
After major life events — marriage, divorce, children, death of a beneficiary
At least annually — confirm everything is still accurate

An outdated letter of wishes can be worse than no plan at all, because it sends the executor searching for wallets or keys that no longer exist.

Working with a Solicitor

A solicitor experienced in cryptocurrency estate planning can:

Draft will clauses that reference digital assets without exposing details
Prepare a letter of wishes template tailored to your holdings
Hold a sealed envelope containing part of your recovery information
Advise on tax-efficient structures
Guide your executor through probate

If your solicitor isn’t familiar with cryptocurrency, share this guide with them — or find a specialist. See our guide on finding a crypto-literate solicitor.

Checklist

Before considering your plan complete:

Will references “digital assets” without naming Bitcoin specifically
Will names appropriate executor(s) with digital asset authority
Will does NOT contain seed phrases, private keys, passwords, or amounts
Letter of wishes created with full access instructions
Seed phrase stored securely, referenced by location only in letter of wishes
Letter of wishes stored with solicitor or in an accessible secure location
Beneficiaries have been briefed (they know crypto exists and roughly what to do)
A family member has successfully completed a test transfer
Review date set for next annual update

Disclaimer

This guide provides general information about cryptocurrency and estate planning in the UK. It is not legal advice. Consult a qualified solicitor for guidance specific to your situation.

Bitcoin Inheritance Planning (UK) — The full estate planning framework.
Seed Phrase Inheritance — Why your seed phrase must never go in the will, and where it should go instead.
Finding a Crypto-Literate Solicitor — How to find a solicitor who can draft a proper crypto will.
Bitcoin Probate in the UK — What happens during probate and why it’s a risk.
James Howells: 7 Things You Didn’t Know — What happens when there’s no plan at all.

Why You Probably Shouldn't Mention Bitcoin in Your Will