A client came to us last year. Her father had passed away, leaving behind a thriving business, well-documented real estate, and a clearly written Will. The family was prepared — or so they thought.
What they were not prepared for: ₹2.3 Cr in cryptocurrency on an exchange that required the original registered email to log in. The email was hosted on a Gmail account that Google had already memorialised. The private keys were on a hardware wallet whose PIN was in a notebook — somewhere. Eighteen months later, the family still hasn't accessed those funds.
This is the digital estate problem. And it is far more common than most families realise.
₹2.8L Cr
Estimated crypto assets held by Indian investors in 2025
23%
HNI families with any plan for digital asset succession
Forever
How long unclaimed crypto assets remain inaccessible without keys
What Is the Digital Estate?
The digital estate encompasses everything of value that exists in digital form. For a typical affluent Indian family today, this includes:
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₿
CryptocurrencyBitcoin, Ethereum, and other tokens held on exchanges (WazirX, CoinDCX, Binance) or in self-custody wallets. Self-custody is especially problematic — without the seed phrase, the assets are permanently inaccessible.
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📧
Email and cloud accountsGoogle, Microsoft, and Apple accounts often contain financial documents, tax records, business correspondence, and sometimes direct access to other financial platforms.
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💼
Domain names and websitesA business domain registered in one person's name can become inaccessible to the company if that person passes away and there is no succession plan for the registrar account.
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📱
Social media and content platformsYouTube channels with monetisation, Instagram accounts with commercial partnerships, and LinkedIn profiles can have significant business value — or simply matter deeply to the family.
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🔑
Password managers and 2FA devicesIncreasingly, access to everything else depends on one password manager (Bitwarden, 1Password) or one physical device with the authenticator app. These are single points of failure.
The Legal Landscape in India
Indian succession law — the Indian Succession Act, 1925 and the Hindu Succession Act, 1956 — was written long before the internet existed. The current legal framework creates several challenges:
First, most digital accounts are non-transferable by contract. Google's, Apple's, and Meta's terms of service technically prohibit sharing account credentials and do not recognise inheritance of the account itself. You can inherit the economic value in a crypto exchange account, but the exchange's KYC rules may prevent a nominee from accessing it without a court order.
Second, India does not yet have a specific Digital Assets Inheritance Act, unlike some US states. This means access depends on a patchwork of company policies, platform-specific procedures, and sometimes significant legal effort.
Cryptocurrency held in self-custody (hardware wallets, software wallets) is a bearer asset. Whoever holds the private key holds the asset. There is no KYC process, no exchange to petition, and no court order that can help. Without the key, the funds are gone.
A Practical Framework for Digital Estate Planning
Given the legal gaps, practical planning is the only reliable solution. Here is the framework we use with families:
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1
Create a Digital Asset InventoryList every significant digital account and asset — exchange accounts, wallets, email accounts, domains, business platforms. Note the approximate value, access requirements, and current login method. This document is updated annually and stored securely (not digitally).
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2
Document Access Credentials SecurelyFor each item in the inventory, document how to access it. Seed phrases for crypto wallets should be written on paper (not digital), stored in a fireproof location, and ideally split across two secure locations or with a trusted professional. Never store private keys digitally or in password managers alone.
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3
Name Nominees on ExchangesAll major Indian crypto exchanges (WazirX, CoinDCX, ZebPay) allow nominee registration. Register nominees immediately if you have not. This is the single easiest action you can take today and it dramatically simplifies the family's position.
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4
Activate Legacy Contact SettingsGoogle and Apple have legacy contact programs that allow a designated person to access account data after your passing, without requiring your password. Activate these for all major email and cloud accounts.
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5
Update Your Will to Reference Digital AssetsYour Will should specifically reference digital assets and name the executor's authority to access and manage them. While this does not override platform terms of service, it gives the executor legal standing in any subsequent dispute or court proceeding.
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6
Consider a Digital Asset TrustFor significant cryptocurrency holdings (₹1 Cr+), structuring ownership through a properly drafted Private Trust — where the trust, rather than an individual, holds the assets — provides the cleanest succession pathway and avoids the individual account/KYC problem entirely.
Your family can inherit your mutual funds with a nomination form. They may not be able to inherit your Bitcoin without the right preparation — no matter what your Will says.
CA Rahul Singla · NextGen Family Office Services
A Note on Crypto Specifically
Cryptocurrency requires a specific and separate mention because the consequences of inadequate planning are uniquely severe. Unlike a bank account that a court order can unlock, or a demat account that a nominee can access through CDSL/NSDL processes, self-custody crypto is mathematically inaccessible without the private key.
Our recommendations for any family holding significant cryptocurrency:
- Hardware wallets should be stored with written seed phrase documentation, not just the physical device
- At least one trusted family member should be shown — not just told about — the location of seed phrase backups
- Consider multi-signature wallet arrangements for large holdings, requiring M of N keyholders to approve transactions
- For holdings above ₹5 Cr, engage a specialist crypto custody solution rather than self-managing succession planning
The Action You Can Take This Week
You do not need to solve everything at once. The highest-impact action you can take this week is simple: open a document, list your five most significant digital assets, and write down what a family member would need to know to access each one. Store that document somewhere safe. Tell one trusted person that it exists.
That single step puts your family in a better position than the vast majority of HNI families in India today.
Is your digital estate properly planned?
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