Crypto inheritance: rest of the world

Beginner Intermediate Expert

How crypto is treated on death in 15 countries plus EU-wide rules: who pays tax, whether death counts as a sale, what heirs inherit as their cost, who has authority, and which official guidance exists. Every country uses the same headings, with dated links to official sources, so you can compare them easily. For depth, see the step-by-step UK and US guides.

Deepened 24 October 2026Every country now has crypto-specific guidance and pitfalls from its own tax authority or legislation, plus a cross-country comparison, things that differ by country and cross-border pitfalls. Thresholds and rates change every year — always check the linked official source.
Not legal or tax adviceThese are simplified overviews of complex, frequently changing law. Cross-border estates are especially tricky. Confirm everything with a qualified local lawyer or tax adviser.

How to use this page

Your levelStart withThen
BeginnerAt a glance and what applies everywhereFind your country in the summary and print the letter of instruction.
IntermediateYour country section and the cross-country comparisonThings that differ by country, pitfalls and the checklist.
ExpertCross-border notesPractitioner advice and the sources — then a local professional in each country involved.

At a glance: five things that hold almost everywhere Beginner

  1. The rules follow people, not coins. Which country's succession law and taxes apply usually depends on where you lived (and sometimes your nationality), where your heirs live and where any provider is based. Crypto in a hardware wallet does not escape them.
  2. Death is taxed in three different ways. Some countries tax the estate (UK, US, South Africa), some tax each heir (Ireland, Germany, France, Spain, the Netherlands, Japan), and some treat death as a sale for income or capital gains tax (Canada, South Africa). Several have no tax at death at all (Australia, New Zealand, Singapore, Hong Kong, the UAE, India) — but heirs may still be taxed when they sell.
  3. You may not be free to choose your heirs. Much of continental Europe and Japan reserves shares for children or a spouse; common-law countries let relatives claim instead. "All my bitcoin to X" may not survive.
  4. Every tax system needs a value. Keep dated evidence of what you held, what it cost and where it was priced. Several tax authorities rely on the deceased's original cost.
  5. No law can recover a lost key. Courts can give your executor authority; only your planning gives them access. Use the letter of instruction and test the recovery path.

Summary by country Beginner

CountryTax at deathForced heirship / claimsWho administersCrypto-specific note
EUNationalVariesVariesMiCA (providers only)
IrelandCAT on heirs (33%)Legal right share (spouse)Probate OfficeNo CGT on death; CAT valuation date may be later
GermanyYes (7–50%)PflichtteilErbscheinHolding period carries over
FranceYes (5–45%); spouse exemptRéserve héréditaireNotairePFU 31.4% on later gains
SpainYes; regional reliefsLegítimaNotaryForm 721 for foreign-held crypto, including heirs
NetherlandsYes (10–40%)Legitieme portie (money claim)NotaryBox 3 annual tax
SwitzerlandCantonal; spouses exemptCompulsory sharesCantonalWealth tax; private gains usually tax-free
CanadaNo — deemed disposalDependants' reliefProvincial probateSpousal rollover
AustraliaNo — CGT disregarded on deathFamily provisionSupreme CourtCost base inherited
New ZealandNoFamily protection claimsHigh CourtHeir inherits the deceased's intention
SingaporeNo (abolished 2008)—Family Justice CourtsCrypto = property (case law)
Hong KongNo (abolished 2006)Family provisionProbate RegistryCrypto = property (case law)
JapanYes (10–55%)IryūbunAgreement / family courtValued at the heir's exchange price; 10-month filing
UAENoSharia default for MuslimsCourts / DIFCRegister non-Muslim will
South AfricaEstate duty 20–25% + CGT on death—Master of the High CourtDeemed disposal
IndiaNoPersonal lawsProbate in some cities30% VDA tax on later sale

Cross-country comparison: how death is taxed Intermediate

How each country treats crypto held at death, as described by its own tax authority or legislation (checked 24 October 2026). "Heir's cost" is the starting point for tax when the heir later sells. "First CARF exchange" is the year the country's tax authority has committed to start swapping crypto-provider data with others under the OECD framework (OECD list, last updated 14 September 2026). Short cells simplify; follow the link to the country section for detail and sources.

CountryTax at death (who pays)Is death a taxable "sale"?Heir's cost / holding clockValue usedFirst CARF exchange
United KingdomIHT on the estate (40% above nil-rate bands)NoUplifted to date-of-death valueDate of death2027
United StatesFederal estate tax above the exclusion; some statesNoStepped up to date-of-death valueDate of death (or alternate valuation)2029
IrelandCAT on each heir, 33% above lifetime group thresholdsNoMarket value at deathCAT: the valuation date, often later than death2027
GermanyErbschaftsteuer on each heir, 7–50%NoHeir continues the deceased's purchase date and costDate of death2027
FranceDroits de succession on each heir; spouse/PACS partner exemptNoCheck with a notaireMarket value on the day of death; no crypto-specific rule2027
SpainInheritance tax on each heir; regional reliefsNo (gains up to death untaxed)Inheritance-tax valueCheck with a local adviser2027
NetherlandsErfbelasting on each heir, 10–40%No (no CGT; annual Box 3 tax instead)Not relevant (no CGT)Box 3: 1 January each year2027
SwitzerlandCantonal; spouses exempt everywhereNo (private gains generally tax-free)Not usually relevantWealth tax: year-end ESTV values2028
CanadaNo inheritance taxYes — deemed disposition on the final return (spousal rollover)Fair market value at deathImmediately before death2028
AustraliaNoneNo — gain disregarded (except foreign-resident heirs, charities, super funds)Deceased's cost base; discount clock from the deceased's purchaseRecords of the deceased's cost2028
New ZealandNoneNoHeir inherits the deceased's intention for the assetCheck with IRD guidance2027
SingaporeNone (since 15 February 2008)NoInvestment gains generally not taxed—2028
Hong KongNone (since 11 February 2006)NoNo capital gains tax—2028
JapanInheritance tax on heirs, 10–55%Not on inheritance by heirs; yes for lifetime gifts and most bequests to non-heirsDeceased's value carries overPrice at the heir's exchange at the time of taxation2027
UAENoneNo personal income tax——2028
South AfricaEstate duty 20%/25% above a R3.5m abatementYes — CGT deemed disposal (spouse rollover)Market value at deathDate of death2027
IndiaNoneNoCheck with a local adviser—Not yet committed

Sources: the official links in each country section; OECD: CARF commitments (14 September 2026); European Commission: DAC8. UK and US cells summarise the UK and US guides.

Things that differ by country Intermediate

If your family, your assets or your providers span more than one country, these are the questions to ask in each one.

What differsExamplesWhat to do
Who pays tax at deathThe estate (UK, US, South Africa); each heir (Ireland, Germany, France, Spain, the Netherlands, Japan); nobody at death (Australia, New Zealand, Singapore, Hong Kong, the UAE, India).Heirs living in another country may also face tax there — check with a local professional in each country.
Whether death counts as a saleCanada and South Africa tax the gain built up to death; Japan does so for lifetime gifts and for most bequests to someone who is not a legal heir; Australia does so only if it passes to a foreign resident, a charity or a super fund.Plan cash for tax that arises with no actual sale.
The heir's starting cost and clockUplifted to the value at death (UK, US, Ireland, Canada, South Africa) or carried over from the deceased (Germany, Japan, Australia).Keep the deceased's purchase dates and costs with your records, not just the current balance.
The date and price usedDate of death in most places; Ireland's CAT valuation date can be later; Japan uses the price at the heir's exchange; Switzerland's wealth tax uses ESTV year-end values; the Netherlands' Box 3 uses 1 January.Record which price source you used and keep a dated screenshot or export.
Freedom to choose heirsReserved shares (France, Spain, Germany, Switzerland, Japan, the Netherlands as a money claim, Ireland's spouse share) versus court claims by family (Canada, Australia, New Zealand, Hong Kong, UK).Check what a specific gift of crypto does to everyone else's share.
Who gets authority, and howGrant of probate or letters of administration (Ireland, Australia, New Zealand, Singapore, Hong Kong); certificate of inheritance (Germany); notary (France, Spain, the Netherlands); heirs' agreement (Japan); Master of the High Court (South Africa); European Certificate of Succession across most of the EU.Make sure the person you name can actually obtain authority where each exchange account is held.
Religious or personal lawSharia by default for Muslims in the UAE; personal laws by religion in India; Muslim estates under a separate Act in Singapore.Non-Muslims in the UAE can register a will; check which law applies to you.
Reporting and visibilityEU DAC8 applies from 1 January 2026; CARF exchanges start in 2027, 2028 or 2029 depending on the country; Spain's form 721 and France's form 3916-bis cover crypto held with foreign providers.Assume exchange-held crypto will be visible to tax authorities, and that heirs must declare self-custodied crypto themselves.
Annual wealth taxesSwiss cantonal wealth tax and the Dutch Box 3 tax on holdings, not on sales.Heirs inherit an annual tax bill, not just the coins.

What applies everywhere Beginner

  1. Never put seed words or passphrases in a will — in many countries wills become public after probate.
  2. Leave a letter of instruction that says what exists and how to recover it, kept separate from the secrets themselves.
  3. Record values at death (screenshots of exchange prices, block-explorer balances) — almost every tax system needs a date-of-death value.
  4. Cross-border? Choose the governing law in your will where allowed, and make sure your executor can physically reach every backup location.
  5. Use the executor guide so the person in charge knows what not to do (e.g. never type a seed into a website).

European Union (EU-wide rules)

Crypto regulationMiCA (Regulation (EU) 2023/1114) has applied fully since 30 December 2024. It licenses crypto-asset service providers (CASPs), including custodians; it does not regulate self-custody. Transitional periods for existing providers ended by 1 July 2026 at the latest.
Cross-border successionThe EU Succession Regulation 650/2012 generally applies the law of the deceased's last habitual residence, unless the will chooses the law of their nationality. A European Certificate of Succession proves an executor's or heir's authority in participating states (all EU states except Denmark and Ireland).
TaxInheritance tax is national (below). DAC8 requires CASPs to report customer crypto transactions to tax authorities from 2026, so exchange-held assets will be visible to executors and authorities alike.
Crypto practicalitiesFor an estate spanning several countries, choose (in the will) which law applies, and make sure one executor can actually reach the hardware and backups wherever they are kept.
Tax reporting (DAC8)DAC8 applies from 1 January 2026: crypto-asset service providers report users' transactions, and EU tax authorities exchange the 2026 data by 30 September 2027 (European Commission).
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

Ireland

Wills & successionSuccession Act 1965. A spouse or civil partner has a legal right share: one half of the estate if there are no children, one third if there are. Children can apply to court if a parent failed in their moral duty to provide for them.
Estate administrationA grant of probate (with a will) or letters of administration (without) from the Probate Office of the Courts Service; personal applications are possible.
Tax on deathNo estate tax, but beneficiaries may owe Capital Acquisitions Tax at 33% above lifetime group thresholds. For inheritances on or after 7 October 2026: Group A (children) €420,000; Group B (siblings, nieces/nephews, grandchildren) €44,000; Group C €22,000. Spouses and civil partners are exempt (Revenue).
Heirs selling laterDeath is not a disposal for Irish CGT; the beneficiary generally takes the market value at the date of death as their base cost. Revenue publishes a tax manual on crypto-asset transactions.
RegulatorCentral Bank of Ireland (MiCA authorisation).
Official sourcesRevenue: gifts & inheritance · Citizens Information: CAT
Crypto-specific guidanceRevenue's Tax and Duty Manual Part 02-01-03 (reviewed January 2026) says crypto received by gift or inheritance may be liable to CAT, valued at its euro market value on the valuation date. Records held in a wallet on a computer or phone must be produced on request and kept for six years.
Pitfalls to watchFor an inheritance, the valuation date is usually not the date of death but the earliest of when the executor is entitled to retain the asset for you, actually retains it, or hands it over. Thresholds follow the date of death. With volatile crypto, the taxable value can differ sharply from the value at death. CAT is paid and filed by 31 October: of the same year for valuation dates from 1 January to 31 August, otherwise the next year (Revenue).
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

Germany

Wills & successionUniversal succession (§1922 BGB): heirs step into the deceased's legal position. The Federal Court of Justice confirmed in 2018 that digital accounts pass to heirs (III ZR 183/17). Close relatives excluded by will can claim a compulsory share (Pflichtteil) of half their intestate share, as money.
Estate administrationHeirs usually prove their status with a certificate of inheritance (Erbschein) from the probate court (Nachlassgericht) or with a notarial will plus the court's opening record.
Tax on deathInheritance tax (Erbschaftsteuer) at 7–50% depending on tax class and value, after personal allowances: spouse/registered partner €500,000; each child €400,000; grandchildren €200,000; others mostly €20,000 (§16 ErbStG). Crypto is valued at the date of death.
Heirs selling laterFor private investors, gains on crypto held more than one year are generally income-tax-free (§23 EStG); heirs take over the deceased's acquisition date and cost. The Finance Ministry's letter of 6 March 2025 sets out the administration's view on crypto.
RegulatorBaFin (MiCA authorisation).
Official sourcesErbStG · BMF crypto letter (6 March 2025)
Crypto-specific guidanceThe Finance Ministry's letter of 6 March 2025 replaced its letter of 10 May 2022 and is the main income-tax guidance; NFTs and liquidity mining are not yet covered. Under §23(1) sentence 3 EStG, someone who acquires without payment is credited with the predecessor's acquisition, so heirs continue the deceased's one-year holding period. In 2018 the Federal Court of Justice held that a user-account contract passes to the heirs by universal succession (§1922 BGB); the case concerned a social network, not an exchange.
Pitfalls to watchSelling inherited coins less than a year after the deceased bought them can be taxable. Inheritance tax rates under §19 ErbStG run from 7% to 30% in class I (spouse, children, grandchildren), 15% to 43% in class II and 30% to 50% in class III.
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

France

Wills & successionForced heirship (réserve héréditaire) protects children's shares (half the estate with one child, two-thirds with two, three-quarters with three or more). Wills may be handwritten (olographe) or made before a notaire.
Estate administrationA notaire normally handles the estate; the inheritance return (déclaration de succession) is generally due within six months of a death in France.
Tax on deathDroits de succession: the surviving spouse or PACS partner is exempt; each child has a €100,000 allowance, then progressive rates of 5–45%; much higher rates apply between more distant relatives.
Heirs selling laterFrom 2026 the default flat tax (PFU) on individuals' crypto gains is 31.4% (12.8% income tax plus 18.6% social charges) (Service Public). Accounts held with foreign exchanges must be declared (form 3916-bis).
RegulatorAMF (MiCA authorisation).
Official sourcesService-Public: succession · impots.gouv.fr
Crypto-specific guidanceThere is no special valuation rule for crypto: inherited property is taxed at its market value on the day of death (BOFiP, CGI art. 666). A 2021 Congrès des notaires report notes the volatility and price differences between platforms and suggests using the euro price closest to the date, from commonly used price-history sources.
Pitfalls to watchAfter the €100,000 allowance per child, direct-line rates rise in bands from 5% to 45%. Brothers and sisters pay 35% then 45% after a €15,932 allowance, nephews and nieces 55% after €7,967, and more distant relatives or non-relatives 60% (Service Public, checked 9 February 2026). Forced heirship limits gifts to one person.
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

Spain

Wills & successionCivil Code forced shares (legítima): two-thirds of the estate is reserved for descendants (one-third strict, one-third for improving any of them). Several regions have their own civil law (e.g. Catalonia, Aragon, Navarre, the Basque Country, Galicia, the Balearic Islands).
Estate administrationA notarial will is the norm; heirs obtain a certificate from the Registry of Last Wills, then accept the estate before a notary.
Tax on deathImpuesto sobre Sucesiones y Donaciones (state law 29/1987) is ceded to the regions, whose reliefs vary hugely — some give close family near-total relief. The return is due within six months.
Heirs selling laterGains accrued up to death are not taxed in the deceased's income tax ('plusvalía del muerto'); heirs take the inheritance-tax value as base cost. Residents holding over €50,000 of crypto with foreign providers must file form 721.
RegulatorCNMV (MiCA authorisation).
Official sourcesAgencia Tributaria · BOE (legislation)
Crypto-specific guidanceForm 721 covers crypto held abroad by custodians worth over €50,000 at 31 December; it is filed from 1 January to 31 March, and in later years only if the total rises by more than €20,000 or you stop being a holder (AEAT). The AEAT FAQ says heirs and legatees must report from the time they accept the inheritance, expressly or tacitly, and that an undivided estate (herencia yacente) must also report. Coins whose private keys the holder controls, in hot or cold wallets, are not counted.
Pitfalls to watchHeirs of someone who used foreign exchanges can acquire a new form 721 duty. Self-custodied coins are outside form 721 but are still part of the inheritance.
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

Netherlands

Wills & successionWills are made by a notary. Children have a legitieme portie: a money claim worth half of their intestate share. By default the surviving spouse receives the estate and children receive money claims against them.
Estate administrationThe notary issues a certificate of inheritance (verklaring van erfrecht) so heirs can access assets.
Tax on deathErfbelasting for 2026: exemption €828,035 for a partner and €26,230 for each child; then 10% up to €158,669 and 20% above for partners and children (higher for grandchildren and others) (Belastingdienst).
Heirs selling laterNo separate capital gains tax for private investors; crypto is taxed annually in Box 3 (savings and investments) on its value at 1 January.
RegulatorAFM (MiCA authorisation) and DNB.
Official sourcesBelastingdienst: exemptions 2026
Crypto-specific guidanceCrypto belongs in Box 3 at its value at 00:00 on 1 January, using the rate on the exchange you used. For 2026 you report Box 3 wealth if it exceeds €38,479 (€76,958 with a fiscal partner) (Belastingdienst).
Pitfalls to watch2026 inheritance tax rates: partners and children 10% up to €158,669 and 20% above; grandchildren 18% and 36%; other heirs 30% and 40% (Belastingdienst). Exemptions include €2,769 for heirs such as a sibling or friend (Belastingdienst).
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

Switzerland

Wills & successionSwiss Civil Code. Since 1 January 2023 compulsory shares are smaller: descendants and the spouse/registered partner each have a compulsory share of half their intestate share; parents no longer have one.
Estate administrationCantonal authorities open wills and can issue a certificate of inheritance; an executor (Willensvollstrecker) may be named in the will.
Tax on deathNo federal inheritance tax; cantons set their own. Spouses are exempt in every canton and descendants in most; Schwyz and Obwalden levy no inheritance tax at all.
Heirs selling laterPrivate capital gains are generally tax-free for private investors (not professional traders). Crypto counts towards annual cantonal wealth tax at the year-end rates published by the Federal Tax Administration.
RegulatorFINMA.
Official sourcesFederal Tax Administration (ESTV/AFC) · Civil Code (Fedlex)
Crypto-specific guidanceThe ESTV working paper treats payment tokens as movable capital assets subject to cantonal wealth tax at year-end value. ESTV publishes tax values for the most common coins; for others, a leading trading platform's market value can be used. For private investors gains are generally tax-free and losses not deductible; professional trading is taxed as self-employment.
Pitfalls to watchInheritance tax depends on the canton — check with a local professional. Heirs add inherited coins to their own wealth tax returns.
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

Canada (with provincial notes)

Wills & successionProvincial and territorial law; Quebec uses a civil-law system. Each province has rules on dependants' relief.
Estate administrationProbate is provincial, as are its fees. Examples: Ontario's Estate Administration Tax is 1.5% of the value over $50,000 (nothing on the first $50,000); British Columbia charges about 1.4% above $50,000; Alberta's court fees are flat and capped at $525; in Quebec a notarial will needs no probate.
Tax on deathNo inheritance tax, but a deemed disposition at fair market value immediately before death, taxed on the final return, with a tax-deferred rollover to a spouse or common-law partner (CRA).
Heirs selling laterBeneficiaries generally take the deemed-disposition value as their cost.
RegulatorCanadian Securities Administrators (provincial securities regulators) and FINTRAC.
Official sourcesCRA crypto guide · Ontario Estate Administration Tax
Crypto-specific guidanceThe CRA names crypto-assets as an example of capital property, which is deemed sold at fair market value immediately before death. The spousal rollover needs the property to be locked-in for the surviving spouse or a spousal trust within 36 months, and the legal representative can elect out property by property. Sales by the estate after death go on a T3 return, measured from the value at death.
Pitfalls to watchThe gain is reported on the final return with no actual sale, so the estate may need cash. Ontario's Estate Administration Tax applies only if an estate certificate is applied for and issued (Ontario).
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

Australia

Wills & successionState and territory law; family provision claims let eligible relatives challenge a will.
Estate administrationProbate is granted by each state or territory Supreme Court.
Tax on deathNo inheritance tax. A capital gain or loss on death is generally disregarded when crypto passes to the legal personal representative or a beneficiary, and the beneficiary usually inherits the deceased's cost base (with exceptions, e.g. for foreign residents and tax-advantaged entities) (ATO).
Heirs selling laterCGT applies when the beneficiary later disposes of the crypto.
RegulatorASIC; AUSTRAC registers digital-currency exchanges.
Official sourcesATO: crypto assets
Crypto-specific guidanceThe ATO (updated 22 June 2026): a capital gain or loss is disregarded when an asset passes to the legal personal representative or a beneficiary; for the CGT discount the heir counts ownership from when the deceased acquired it (if on or after 20 September 1985); executors who sell during administration pay CGT under the normal rules.
Pitfalls to watchCGT arises in the deceased's date-of-death return if crypto passes to a foreign resident, a charity or a super fund. The deceased's unapplied capital losses are lost. The ATO's CGT calculator cannot be used for inherited assets, so keep the deceased's cost records.
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

New Zealand

Wills & successionWills Act 2007; claims are possible under the Family Protection Act and the Property (Relationships) Act.
Estate administrationProbate or letters of administration from the High Court.
Tax on deathNo inheritance tax or estate duty, and no general capital gains tax.
Heirs selling laterInland Revenue treats crypto as property and, depending on purpose (e.g. bought to sell), gains on disposal are often taxable income — check IRD's crypto-asset guidance.
RegulatorFinancial Markets Authority; Department of Internal Affairs (AML).
Official sourcesIRD: crypto-assets · Ministry of Justice
Crypto-specific guidanceIRD treats cryptoassets as property; most amounts from selling, trading or exchanging are taxable, and moving coins between your own wallets is not a disposal (IRD). New Zealand has adopted the OECD Crypto-Asset Reporting Framework (IRD update, 1 September 2026).
Pitfalls to watchAn heir inherits the previous owner's intention: if the deceased would have been taxed on a sale, so is the heir (IRD). Record why you bought.
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

Singapore

Crypto as propertyThe High Court held in ByBit Fintech v Ho Kai Xin [2023] SGHC 199 that crypto is property capable of being held on trust.
Wills & successionWills Act; Intestate Succession Act; Muslim estates are governed by the Administration of Muslim Law Act.
Estate administrationGrants of probate or letters of administration through the Family Justice Courts.
Tax on deathEstate duty was abolished for deaths on or after 15 February 2008. There is no capital gains tax.
RegulatorMonetary Authority of Singapore (Payment Services Act).
Official sourcesIRAS · Singapore Courts
Crypto-specific guidanceIRAS says gains from buying and selling shares or other financial instruments, including digital tokens, are generally treated as personal investments and not taxed, unless you are trading (IRAS). Estate duty was removed for deaths on or after 15 February 2008 (IRAS).
Small estates and assets without a grantThe Courts say a grant may not be needed for an estate worth no more than S$50,000 if certain criteria are met and the Public Trustee agrees to administer it. Some assets may also pass without a grant: jointly held property with no mortgage, certain nominated insurance policies, CPF money and some bank accounts (Singapore Courts).
Pitfalls to watchCrypto is not on the Courts' list of assets that may pass without a grant, so executors should expect to need a grant for an exchange account. If you are unsure whether a valid will exists, the Courts suggest checking with the Wills Registry, the deceased's lawyers or family (Singapore Courts). The Courts' scam advisory says their officers will never ask you to transfer money or give bank log-in details by phone.
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

Hong Kong

Crypto as propertyThe Court of First Instance held in Re Gatecoin [2023] HKCFI 914 that cryptocurrency is property capable of being held on trust.
Wills & successionWills Ordinance (Cap. 30); Intestates' Estates Ordinance (Cap. 73); Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481).
Estate administrationGrants from the Probate Registry of the High Court under the Probate and Administration Ordinance (Cap. 10).
Tax on deathEstate duty was abolished for deaths on or after 11 February 2006. There is no capital gains tax.
RegulatorSecurities and Futures Commission (licensed virtual-asset trading platforms).
Official sourcesInland Revenue Department · Judiciary (Probate Registry)
Tax noteUnder the Revenue (Abolition of Estate Duty) Ordinance 2005, no estate duty affidavits or clearance papers are needed for deaths on or after 11 February 2006 (IRD).
Small estatesThe Official Administrator (the Registrar of the High Court) will usually administer summarily an estate of up to HK$150,000 made up only of cash, money in the deceased's sole-name bank accounts and/or MPF (Judiciary: Probate Registry). Crypto is not in that list, so an estate with crypto will normally need a grant.
Pitfalls to watchHong Kong grants cover assets in Hong Kong only (Cap. 10, s.24A), so where crypto is "located" can matter. For deaths since 11 February 2006 the applicant must find and list the assets; the Registry does not check them. Assets found later mean applying to amend the grant (Judiciary).
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

Japan

Wills & successionCivil Code; statutory heirs have a reserved portion (iryūbun). Handwritten wills can be lodged with the Legal Affairs Bureau, or a notarial will made.
Estate administrationNo court-supervised probate for most estates; heirs agree a division of the estate (isan bunkatsu), and the family court resolves disputes.
Tax on deathInheritance tax at 10–55% after a basic deduction of ¥30 million plus ¥6 million per statutory heir; the return is due within 10 months. Crypto with an active market is valued at the exchange price at the date of death (NTA).
Heirs selling laterCrypto gains are generally miscellaneous income at progressive rates (combined up to about 55%); check the NTA's crypto FAQ for current treatment.
RegulatorFinancial Services Agency (registered crypto exchanges).
Official sourcesNTA (English): inheritance tax
Crypto-specific guidanceThe NTA's crypto FAQ (December 2025 edition) says crypto acquired by inheritance, bequest or gift is subject to inheritance or gift tax. Where there is an active market, it is valued at the trading price published by the exchange the heir uses, at the time of taxation; tokens without an active market are valued individually. An heir who later sells uses the value under the deceased's chosen method at death, so the deceased's cost carries over (FAQ PDF).
Pitfalls to watchA lifetime gift, or a bequest to someone who is not a legal heir (other than a universal bequest), is treated as a disposal at market value in the deceased's income tax. The basic inheritance tax exemption is ¥30 million plus ¥6 million per statutory heir (NTA).
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

United Arab Emirates

Wills & successionSharia principles apply by default to Muslims. Federal Decree-Law 41 of 2022 on civil personal status gives non-Muslims civil rules, and non-Muslims can register wills with the DIFC Courts Wills Service or the Abu Dhabi Judicial Department.
Estate administrationThrough the onshore courts or the DIFC/ADGM courts, depending on the will registration.
Tax on deathNo inheritance tax and no personal income tax.
RegulatorVARA (Dubai), ADGM FSRA, SCA and the Central Bank.
Official sourcesVARA · DIFC Wills
Choice of lawNon-Muslim residents may follow their home country's law or choose UAE personal-status law; Federal Decree-Law 41 of 2022 and Cabinet Resolution 122 of 2023 cover wills and inheritance for them (UAE Government portal).
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

South Africa

Wills & successionWills Act 7 of 1953; Intestate Succession Act 81 of 1987.
Estate administrationEstates are reported to and supervised by the Master of the High Court; an executor is appointed by letters of executorship.
Tax on deathEstate duty is 20% on the first R30 million of the dutiable amount and 25% above, after a R3.5 million abatement; bequests to a surviving spouse are deductible (SARS). Separately, death is a deemed disposal for CGT, with a higher annual exclusion in the year of death (see below) and a rollover for a surviving spouse.
Heirs selling laterHeirs take the market value at death as their base cost.
RegulatorFSCA (crypto assets declared a financial product in 2022).
Official sourcesSARS: estate duty · Master of the High Court
Crypto-specific guidanceSARS's FAQs on deceased estates (Issue 4) say a crypto asset is movable, incorporeal property included in the estate for estate duty at market value at the date of death, and must be declared in the deceased's income tax return. SARS keeps a crypto assets and tax page, with Budget 2026 changes.
Pitfalls to watchThe CGT annual exclusion in the year of death is R440,000 for the 2027 year of assessment (R300,000 for 2017–2026); a deceased estate gets R50,000 (SARS, updated 18 March 2026). Estate duty and CGT can both apply.
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

India

Wills & successionPersonal laws by religion (e.g. Hindu Succession Act 1956, Indian Succession Act 1925, Muslim personal law). Probate is compulsory only in certain cases (e.g. some wills made in Mumbai, Kolkata and Chennai); otherwise heirs often need a succession certificate.
Tax on deathNo estate duty (abolished in 1985). Inheriting assets is not taxed as income of the heir.
Heirs selling laterThe Income-tax Act 2025 replaced the 1961 Act from 1 April 2026 (CBDT). Income from transferring virtual digital assets is taxed at a flat 30% with no deductions other than cost and no loss set-off, and 1% TDS applies to many transfers. Section numbers changed, so older guides cite superseded sections.
RegulatorNo dedicated crypto regulator; VDA service providers must register with FIU-IND for AML purposes.
Official sourcesIncome Tax Department
Crypto-specific guidanceUnder the 1961 Act, section 115BBH taxed income from transferring virtual digital assets at 30%, allowing no deduction except cost and no set-off or carry-forward of losses. The 2025 Act keeps the VDA regime but renumbers sections, so check current section numbers with a local adviser.
Pitfalls to watchNaming a nominee is not the same as leaving an asset to them. In Shakti Yezdani v Jayanand Jayant Salgaonkar (14 December 2023) the Supreme Court held that a nominee for shares and securities does not become their absolute owner; succession law still decides who inherits (Supreme Court of India). That case was about securities, and how a crypto platform's nominee feature would be treated has not been tested, so do not rely on a nomination in place of a will.
Last reviewedOctober 2026 (official sources re-checked 24 October 2026)

Practitioner and community advice Intermediate

Where experienced notaries, tax authorities and regulators point the same way, and where they differ.

AdviceWhySource
Keep a dated record of the price you used, and which platform it came from.A 2021 report for the French notaries' congress notes that crypto is very volatile and that platforms can quote the same coin at noticeably different prices, so the source matters.Congrès des notaires (2021)
Keep the deceased's cost records, not just balances.Australia's ATO says heirs need the deceased's cost base and that its CGT calculator cannot handle inherited assets; Germany and Japan carry the deceased's cost over to heirs.ATO · §23 EStG · NTA FAQ
Wallet records are tax records.Ireland's Revenue says records stored in a wallet on a computer or phone must be made available on request and kept for six years.Revenue TDM 02-01-03
Note your purpose for holding crypto.In New Zealand an heir inherits the previous owner's intention, which can decide whether a later sale is taxed.IRD
Do not assume a death explains missing funds.Ontario Securities Commission staff found that most of QuadrigaCX's C$169m shortfall came from its founder's fraud, not from keys lost when he died.OSC staff review
Disagreement: exchange account or self-custody for heirs?Exchange accounts can be reached through legal process (Germany's highest civil court held that a user-account contract passes to heirs) but depend on the platform surviving; self-custody avoids that risk but needs a tested key plan. Many people use both.BGH (2018) · OSC · compare methods

Cross-border pitfalls Intermediate

PitfallWhere it bitesAvoid by
Assuming "no inheritance tax" means no taxCanada (deemed disposition), South Africa (CGT and estate duty), New Zealand (inherited intention), India (30% on later transfers)Read the "Tax on death" and "Heirs selling later" rows for every country involved.
Using the wrong valuation dateIreland: CAT uses the valuation date, often when the executor can retain or hands over the asset, while thresholds follow the date of death.Record values at death and again at the likely valuation date.
Leaving crypto to a friendJapan: a bequest to someone who is not a legal heir (other than a universal bequest) is treated as a disposal at market value in the deceased's income tax.Ask a Japanese tax adviser before naming non-heirs.
An heir who lives abroadAustralia: crypto passing to a foreign-resident beneficiary triggers CGT in the deceased's date-of-death return.Plan for the tax, or for who inherits what.
Selling too soonGermany: heirs continue the deceased's one-year holding period, so a quick sale may be taxable.Check the deceased's purchase dates first.
A will that ignores forced heirshipFrance, Spain, Germany, Switzerland, Japan and othersAsk a local lawyer how a crypto gift fits the reserved shares.
Missed reporting by heirsSpain: heirs must file form 721 from acceptance if the foreign-held total exceeds €50,000. France: foreign exchange accounts go on form 3916-bis.List every provider and its country in the letter of instruction.
Losing carried-over lossesAustralia: the deceased's unapplied capital losses do not pass to heirs or the executor.Review gains and losses during life with an adviser.
One person holds every keyAnywhere — see the QuadrigaCX case.Multisig, Shamir or a documented second key holder; see single points of failure.
Seed words in a willEvery country where wills become public or are read outKeep secrets out; use the letter of instruction for the "what" and "where".

Cross-border notes for experts Expert

  • Succession law is not tax law. In the EU, the Succession Regulation 650/2012 generally applies the law of your last habitual residence unless your will chooses your nationality's law. That decides who inherits; it does not by itself stop other countries taxing the estate or the heirs. Check with a local professional in each country.
  • Reporting is provider-based. DAC8 applies from 1 January 2026, with the first EU exchanges of 2026 data due by 30 September 2027 (European Commission). Under CARF, 46 jurisdictions (including the UK, Ireland, Germany, France, Spain, the Netherlands, Japan, New Zealand and South Africa) committed to first exchanges by 2027, 27 (including Australia, Canada, Hong Kong, Singapore, Switzerland and the UAE) by 2028, and 4 (including the United States) by 2029; India is listed as not yet committed (OECD). Spain's FAQ confirms that coins whose keys the holder controls are outside form 721 (AEAT): self-custody is not reported by a provider, but it is still part of the estate.
  • Valuation evidence must be consistent. Japan uses the price published by the exchange the heir uses; the Netherlands asks for the rate on the exchange you used; Switzerland publishes official year-end values; France has no crypto-specific rule. Choose one defensible source per jurisdiction and keep it.
  • Authority does not travel automatically. A European Certificate of Succession works in participating EU states (not Denmark or Ireland). Elsewhere an executor may need a local grant before a foreign exchange will deal with them.
  • Trusts, foundations and companies are treated very differently across these countries, for both succession and tax. Treat any structure as country-specific and get local advice.

Cross-border checklist Beginner

  1. List every country involved: where you live, your nationality, where each heir lives and where each provider is based.
  2. For each, read the country section below (or the UK / US guide) and note who pays tax, and when.
  3. Check forced-heirship or family-claim rules before leaving crypto to one person.
  4. If you live in the EU, decide whether to choose your nationality's law in your will — with a lawyer.
  5. Keep cost and purchase-date records, plus a dated value snapshot; say which price source you used.
  6. Write the letter of instruction: what exists, where, which provider in which country, who can help — no secrets.
  7. Make sure the executor can reach every backup location and can get authority in each country.
  8. Review after any move abroad, marriage, divorce, birth or death in the family.

Coming next

Planned: Italy, Portugal, Belgium, Austria, Sweden, Norway, Denmark, Poland, South Korea, Brazil, Mexico, Argentina and Israel, each in the same format. See also the UK and US guides, the QuadrigaCX case and the international FAQ.

Sources for this page

All checked on 24 October 2026. Earlier official links remain in each country section.

Not legal or tax adviceThis page summarises official guidance as it stood when checked on 24 October 2026. Rates, thresholds and interpretations change, several cells simplify complex rules, and cross-border estates often depend on facts not covered here. Where the law is uncertain we say so — check with a local professional (lawyer, notary or tax adviser) in every country involved before acting.

Last reviewed: · Educational information only — verify current details with official sources.