How crypto inheritance works —
legally.
HeirVault documents your vault as a revocable inter vivos conditional-trust framework for advisor review — not a standalone will. The on-chain claim flow preserves control while legal, probate, and tax outcomes remain jurisdiction-specific.
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, while any court, probate, or tax obligations remain jurisdiction-specific.
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.
A properly reviewed inter vivos trust can reduce some of these issues, but a smart contract alone does not guarantee probate avoidance. The vault keeps private keys out of public filings and records the owner's lifetime intent; enforceability and contest risk still depend on local law and supporting documents.
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 intended to support a revocable inter vivos conditional trust structure — a living arrangement made during the owner's lifetime. Local probate, notarization, court, and tax requirements still depend on the jurisdiction, so we recommend using a traditional will and counsel-reviewed documents as complements for comprehensive estate planning.
Do I need a notary or lawyer?
You can deploy a vault without submitting lawyer or notary details to HeirVault, but local law may require legal review, witnesses, notarization, or court filings for estate documents. The platform generates Trust Declaration drafts that can be reviewed and notarized where needed; the smart contract mechanics are separate from legal enforceability.
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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