Cryptocurrency, such as Bitcoin, has value and therefore is increasingly likely to become an estate asset. Due to the nature of cryptocurrency, typical wills and revocable living trusts may not be well suited to efficiently transfer this new type of asset. Consequently, new estate planning questions and clauses are needed.

While cryptocurrency is not sufficiently mature to allow existing legal structures to promulgate a complete set of rules and regulations, cryptocurrency’s technological character allows estate planning to protect the intent of clients holding cryptocurrency. However, the lack of statutory structure necessitates proactive steps.