After more than three decades of handling estates in Singapore, we’ve seen what gets lost when digital assets aren’t planned for. Here’s how to make sure yours doesn’t disappear.
Consider what you currently hold online — a PayNow account, Google Photos, maybe some Bitcoin, your Singpass-linked apps, even Grab points. Most people focus their will writing in Singapore on the obvious assets: the HDB flat, CPF, and insurance policies. But the digital side of an estate is almost always left completely unaddressed. If something happened to you tomorrow, would your family be able to access any of it?
This guide outlines exactly what to include in your will for digital assets — so your estate reaches your intended beneficiaries, rather than becoming inaccessible to the people you leave behind.
Case Study — The QuadrigaCX Estate: A Cautionary Example
In December 2018, Gerald Cotten — the 30-year-old CEO of QuadrigaCX, then Canada’s largest cryptocurrency exchange — died suddenly while travelling in India. He was the only person who knew the passwords to the cold wallets holding his customers’ funds.
In her sworn affidavit filed with the Nova Scotia Supreme Court, his widow, Jennifer Robertson, stated: “The laptop computer from which Gerry carried out the Companies’ business is encrypted and I do not know the password or recovery key. Despite repeated and diligent searches, I have not been able to find them written down anywhere.”
Consequently, approximately CA$250 million belonging to more than 115,000 users was locked — and much of it never recovered. The story was so extraordinary that Netflix made a documentary about it: Trust No One: The Hunt for the Crypto King (2022).
Cotten actually did have a will — he signed it just 12 days before his death. But his will transferred his personal estate to his wife. It could not unlock what was, effectively, a digital vault with no spare key.
The lesson is not just “write a will.” The lesson is: write a will that also includes access instructions for your digital assets.
What Counts as a Digital Asset?
The term “digital assets” encompasses a broad range of holdings. For practical purposes, we advise clients to apply the following working definition:
To make this clearer, we’ve organised the most common types into practical categories below:
Category | Asset Example | Notes |
Financial |
| These assets may fall under the Payment Services Act 2019 (DPTs) or the Securities & Futures Act 2001. Note: these are regulatory classifications only and do not affect succession. The SFA applies only to tokens classified as capital markets products — not all cryptocurrency falls within its scope. |
Personal & Sentimental |
| These assets typically carry emotional rather than monetary value. Most platforms permit account memorialisation or deletion upon proof of death, though transfer options are limited. The applicable terms of service govern accessibility. |
Access & Control Assets |
| Whilst these assets may lack inherent value, they function as access mechanisms to other digital holdings and should be recorded in a separate Digital Asset Access Memorandum. |
Intellectual Property & Business Assets |
| These assets may generate ongoing income or carry intellectual property value and should be treated as business assets within the estate. |
Are Digital Assets Legally Yours to Give Away?
This is a question we often get asked. The general rule under Singapore law is that an asset can be included in a will if it is legally classified as “property.” Singapore’s High Court has addressed this directly. In two landmark decisions, the court confirmed that cryptocurrencies and NFTs are recognised as property under Singapore law.
In CLM v CLN and others [2022] SGHC 46, the High Court expressly confirmed that cryptocurrencies constitute proprietary rights. Subsequently, in Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’) [2022] SGHC 264, the same court held that NFTs also qualify as “property.”
Note: The above applies to your personal estate only. Assets held under joint tenancy pass automatically to the surviving owner and fall outside your will entirely. This differs from tenancy in common, where each co-owner’s share does pass under a will. If you co-own any assets, confirm which form of co-ownership applies.
Digital Asset | Can It Be Included In Your Will? | Notes |
Cryptocurrency (Bitcoin, ETH) | ✓ Yes | Legally recognised as proprietary interests under Singapore case law (CLM v CLN and others [2022] SGHC 46) |
Non-fungible tokens (NFTs) | ✓ Yes | Confirmed as property under Singapore law (Janesh s/o Rajkumar v Unknown Person [2022] SGHC 264) |
Digital wallet balances (PayLah, PayNow, GrabPay) | ✓ Yes | Treated as monetary balances analogous to bank accounts |
Social media accounts (Facebook, Instagram) | ~ Partial | The account owner holds intellectual property rights in content created, but the platform account itself remains non-transferable under most service agreements. Executors should provide detailed instructions for beneficiaries to access digital content. |
Cloud-stored photos and documents (Google Photos, iCloud) | ~ Partial | Transferability depends on each platform’s terms of service, which vary and may change. Include access instructions in the will and confirm current platform policy. |
Streaming subscriptions (Netflix, Spotify) | ✗ No | Generally constitute personal licences that terminate on death and are not transferable. Confirm with individual platform terms, as policies may change. |
Gaming accounts (Steam, PlayStation Network) | ✗ No | Most platforms currently enforce non-transferability post-mortem, though policies vary. Verify individual terms of service before assuming. |
Websites and domain names | ✓ Yes | Domain names and associated websites constitute transferable business and intellectual property assets |
What to Include in Your Will for Digital Assets
A will that is not properly executed cannot achieve its intended effect, regardless of its content. Here is what we advise clients to address for digital assets specifically.
A Full Digital Asset Inventory
Prior to will drafting, a complete inventory of digital holdings must be compiled. This becomes the backbone of your estate. In Singapore, when applying for a grant of probate, a Schedule of Assets (Form 177) is required under the Family Justice Courts Practice Directions 2024, and digital assets must be included. For most estates, this is filed with the Family Justice Courts; estates exceeding S$5 million in gross value are filed with the Family Division of the High Court.
Tip: Review and update this inventory whenever your marital status changes or following any major financial event.
Crypto: Types, Quantities, and Wallet Details
Crypto requires more specificity than a bank account. Record the type of cryptocurrency (Bitcoin, Ethereum, Tether, etc.), the approximate quantity held, the exchange or wallet platform used, and whether it is held on a centralised exchange or in a self-custody wallet. These represent distinct arrangements, each requiring different recovery procedures for your executor.
Access Instructions — But NOT in the Will Itself
During probate, your will becomes accessible to executors, lawyers, and beneficiaries — and in some circumstances, creditors — making it an unsuitable location for sensitive credentials.
Instead, create a separate Digital Asset Access Memorandum that stores all credentials in a secure location (e.g., home safe, lawyer’s custody, or safety deposit box).
In your will, simply state: “I keep a separate memorandum containing information to help my executor locate and access my digital assets.”
Name a Digital Executor
Many of our clients appoint a spouse or senior family member as executor, which is entirely appropriate for the general estate. For digital assets specifically, we recommend also considering someone with genuine technological familiarity.
Note: Singapore law does not currently recognise “digital executor” as a distinct legal office. The role operates within the existing executor framework established by the Probate and Administration Act 1934. An individual appointed to manage digital assets carries no separate statutory title, distinct legal duties, or powers beyond those of an ordinary executor; however, the will may specifically assign this individual the task of administering digital assets.
Social Media Instructions
Disputes frequently arise regarding the disposition of social media accounts following death. Importantly, Singapore law provides no enforceable mechanism to compel social media platforms to comply with testamentary instructions.
The most practical approach is to include explicit instructions in your will or a separate Letter of Wishes, specifying whether each account should be deleted, memorialised, or preserved for family access. Whilst these instructions are not legally binding on platforms, they carry persuasive weight. Facebook, for instance, maintains a formal memorialisation process and may act on documented testamentary wishes. Other platforms are increasingly likely to do the same.
Your SIM Card and Primary Email
Your mobile number and primary email are the gateway to almost everything else — most apps and accounts rely on them for 2FA. If your executor cannot get past your phone’s lock screen or access your primary email, they may be locked out of your entire digital estate, regardless of how thorough your will is. Plan for the device and the SIM, not just the accounts.
Tip: For your will to be legally binding under Singapore law, it must be in writing and signed at the foot or end — either by you, or by another person in your presence and at your direction. The signature must be made or acknowledged in the presence of two or more witnesses, who must also attest the will. The original should be kept safely, as it will ordinarily need to be produced for probate, though courts may, in certain circumstances, admit a copy or draft. Professional advice from a lawyer specialising in wills is the best way to ensure none of these steps is missed.
The "Separate Document" — Your Crypto Safety Guide
Your will and your Digital Asset Access Memorandum serve distinct and separate functions:
In Your Will | NOT in Your Will |
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This document should be stored in a physically secure location, a home safe, a safety deposit box, or a sealed envelope held by your lawyer. Whichever option you choose, ensure at least one trusted person knows where to find it. Not the contents, just the location.
“I keep a separate non-testamentary memorandum containing information to assist my executor in locating and accessing my digital assets.”— Example of good Will language
The Private Key Problem
Identifying your digital assets in a will and naming your beneficiaries is only half the equation. Without the corresponding access credentials, even a perfectly drafted will cannot facilitate the actual transfer of those assets. Cryptocurrency holdings exemplify this critical distinction: whilst Bitcoin constitutes property within your legal estate, such holdings remain practically inaccessible without the associated private key.
The QuadrigaCX matter, discussed above, is the most stark illustration of this, but the problem extends far beyond a single cautionary case. Lost private keys, forgotten passwords, and discarded hard drives have collectively rendered vast quantities of cryptocurrency permanently inaccessible, regardless of who legally owned them.
Remember: Your digital assets will only reach your intended beneficiaries if someone can actually access them. Ownership on paper means nothing without the credentials to back it up.
Making a Will with Digital Assets in Singapore: A Checklist
Before engaging a lawyer, we recommend working through the following:
- List all cryptocurrency holdings, wallets, and platforms
- Document instructions for each social media account
- Note all income-generating digital accounts and cloud storage
- Record your primary email and SIM card as authentication gateways
- Store all credentials in a secure location separate from your will
- Prepare a Digital Asset Access Memorandum for your executor
- Name a digitally competent executor in your will
- Register your will with the SAL Wills Registry
- Confirm your CPF nomination is up to date
- Review your digital asset inventory annually or after major life events
- Seek advice from a lawyer specialising in wills and estates
Protect Your Digital Assets with Proper Will Writing in Singapore
Start with a complete inventory of your digital holdings. Then speak to a lawyer who offers will writing in Singapore to ensure your will addresses your digital assets clearly and complies with all statutory requirements.
At Bhavini S Law Practice, we have guided Singaporeans through wills and estate planning for over 30 years. Whether you need a straightforward will or a more complex estate structure, we are here to help you get it right.
Get in touch with us and take the first step toward securing your digital legacy.
Frequently Asked Questions
Does my will need to mention crypto specifically?
Yes. A will that merely references “all my property” does not adequately identify cryptocurrency holdings. Your will should specifically name each cryptocurrency type, approximate quantity, and the platform where held, and reference your separate Digital Asset Access Memorandum. Vague descriptions create ambiguity and complicate executor administration.
Can I write my own will in Singapore?
Self-drafted wills are legally permissible but frequently present compliance issues, particularly with digital assets. Common problems include vague asset descriptions, improper witness attestation, and missing digital asset clauses—defects that can render the entire will invalid. Consultation with a legal practitioner is recommended to ensure compliance with the Wills Act 1838 and to clearly express your digital asset wishes.
What about my loyalty points and miles?
Many loyalty programmes restrict or prohibit point transfer after death, though some, including certain airline schemes, do maintain estate transfer procedures. Check the specific terms of each programme. Document all programmes in your will or Letter of Wishes and instruct your executor to contact them promptly.