How crypto inheritance works —
legally.
HeirVault structures your vault as a revocable inter vivos conditional trust — not a will. A living arrangement that avoids probate, preserves your control, and transfers assets automatically when the time comes.
Last updated · March 2026
Not a Will
| Criterion | Will Testamentary | Gift Inter vivos | HeirVault Conditional trust |
|---|---|---|---|
| Requires notary | |||
| Requires probate / court | |||
| Contestability | High | Medium | Low |
| Control while alive | |||
| Tax optimization | Limited | Possible | Maximum |
| Blockchain-native | Partial | ||
| Transfer speed | 6 mo — 2 yr | Immediate | Days |
Legal Recognition by Jurisdiction
| Jurisdiction | Legal Structure | Regulatory Basis |
|---|---|---|
| United States | Revocable Living Trust | Uniform Trust Code, UETA, E-SIGN Act |
| United Kingdom | Discretionary Trust | Trustee Act 2000 |
| Germany | Treuhandvertrag | §§ 164, 675 BGB |
| France | Fiducie | Art. 2011-2030 Code civil |
| Switzerland | Trust (Hague Convention) | Hague Trust Convention 1985 |
| UAE / DIFC | DIFC Trust | DIFC Law No. 4/2018; Dubai Law No. 2/2025 |
| Singapore | Trust | Trustees Act (Cap 337) |
| Russia | Escrow / Inheritance Fund | Civil Code Art. 926.1 / 123.20-1 |
The Process
Create & Configure
Deploy a vault smart contract, set your check-in interval, and designate beneficiaries with their shares. You retain full control — withdraw, deposit, or modify at any time.
Check In Periodically
Confirm you’re active by sending a simple on-chain transaction. As long as you check in within your interval, nothing happens. Guardians can extend the deadline if you’re temporarily unavailable.
Condition Triggers
If the check-in interval expires without confirmation, the vault enters claim mode. This is the condition precedent — the event that converts the trust from revocable to irrevocable.
Heirs Claim & Withdraw
Beneficiaries collect the required multisig signatures and execute the claim after the grace period. Assets are ready for heir withdrawals according to the pre-defined shares. No court, no probate, no intermediary.
Off-Chain Documents
Trust Declaration
Auto-generated document establishing the vault as an inter vivos conditional trust. Includes settlor identity, beneficiary addresses and shares, check-in conditions, protective mechanisms, and applicable law. Ready for optional notarization.
EMAIL / PDF
Beneficiary Notice
Formal notification sent to each beneficiary confirming their inclusion, share percentage, and claim instructions. Provides the vault address, required signatures, and a direct link to the vault interface.
Why Not a Traditional Will?
Wills require notarization, witnesses, and specific legal formalities that vary by jurisdiction. A smart contract does not meet these requirements. More critically, wills must go through probate — a court process that takes 6 months to 2 years and costs 2-7% of the estate value.
During probate, crypto assets sit frozen while their value fluctuates. Heirs cannot sell, transfer, or manage volatile positions. Private keys referenced in a will become part of the public record — a fundamental security risk for digital assets.
An inter vivos trust sidesteps all of these issues. The transfer happens automatically through the smart contract, outside of probate. Private keys are never exposed. And because the arrangement is made during the owner's lifetime, it is significantly harder to contest than a testamentary document.
Disclaimer: This page is for informational purposes only and does not constitute legal, tax, or financial advice. It is not a substitute for consultation with a qualified attorney specializing in estate planning or digital assets. Laws governing trusts, inheritance, and digital assets vary significantly by jurisdiction and change over time. HeirVault is a technology platform and does not provide legal advisory services.
Jurisdiction: The legal structures described cover the United States, United Kingdom, Germany, France, Switzerland, UAE / DIFC, Singapore, and Russia. They reflect the regulatory basis as of March 2026. The legal recognition of smart contract–based trusts varies by jurisdiction and is an evolving area of law. Consult local counsel for advice specific to your situation.
Frequently Asked Questions
Is a HeirVault vault a legal will?
No. A HeirVault vault is structured as a revocable inter vivos conditional trust — a living arrangement made during the owner's lifetime. It does not require probate, notarization, or court involvement. However, we recommend creating a traditional will as a complement for comprehensive estate planning.
Do I need a notary or lawyer?
Not required, but recommended for vaults exceeding $100,000. The platform auto-generates a Trust Declaration PDF that can be optionally notarized for stronger legal standing. The smart contract functions independently of any legal documentation.
What about forced heirship rules in my country?
Countries like France, Germany, Russia, and Spain have mandatory inheritance shares for certain family members. While the smart contract executes regardless, ignoring forced heirship rules could expose beneficiaries to legal challenges. The platform warns you about these requirements based on your selected jurisdiction.
What if HeirVault disappears?
The smart contract is fully autonomous and lives on the blockchain permanently. Check-ins, claims, and withdrawals can all be performed directly through any block explorer — no HeirVault interface needed. Your Trust Declaration PDF serves as documentation of the arrangement.
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