Can I just tell my spouse the seed phrase instead?

Informal disclosure creates a new risk without solving the problem - it depends on one person's memory, availability and security, and it usually leaves no path if both of you are affected by the same event.

Does the directive need to be witnessed?

It is a technical schedule, not a testamentary document, so execution formalities are a question for your solicitor based on how the will references it.

How often should the directive be reviewed?

Annually is typical, plus any time you change devices, key locations, holdings or the people involved in the recovery quorum.

All comparisons

Will vs digital asset directive: why Bitcoin needs both

This is not really a choice - it is a division of labour. Your solicitor's will decides who inherits. A digital asset directive decides whether the Bitcoin can be reached at all. Estates fail when the second document does not exist.

Factor	Will (or codicil)	Digital asset directive
Prepared by	Your solicitor	BlockByte, reviewed alongside your solicitor
Legal effect	Binding testamentary instrument	Supporting technical schedule referenced by the will
What it establishes	Who inherits and who administers the estate	What is held, how it is secured, and the recovery steps
Contains secrets	Never - may become inspectable on probate	No - describes process and locations, not seed words
Updated when	Life events, beneficiaries, executors change	Custody, devices, holdings or key locations change
Without it	Intestacy rules decide distribution	Executor has authority but no technical means of access

Our view

Use both. The will is the legal instrument, prepared by your solicitor. The directive is the technical schedule it references, and it should never contain live key material.

Why a will alone cannot reach Bitcoin

A will operates on property rights. Bitcoin access operates on cryptographic keys. A grant of probate gives your executor authority over the asset, but it cannot reproduce a key that was never recorded, and no administrator exists to appeal to.

This is the specific reason self-custodied Bitcoin is lost in estates even where the paperwork is immaculate.

Why the directive must be separate

Once probate is granted, documents filed with the court can generally be inspected. Access details written into a will can therefore reach people you never intended, sometimes years later.

Keeping the technical detail in a referenced directive keeps the legal document clean and lets the technical document be updated as devices and custody change - without redrafting the will each time.

How the two documents fit together

The will or codicil identifies the existence of digital assets and refers to the directive. The directive sets out the inventory, the custody architecture, the role and location of each key, the recovery quorum, and executor instructions in plain language.

BlockByte also prepares a solicitor briefing pack so your lawyer can draft the reference accurately. We do not provide legal advice or draft wills.

Terms used above are defined in the glossary. BlockByte does not provide legal, tax or financial product advice.

Common questions

Can I just tell my spouse the seed phrase instead?: Informal disclosure creates a new risk without solving the problem - it depends on one person's memory, availability and security, and it usually leaves no path if both of you are affected by the same event.
Does the directive need to be witnessed?: It is a technical schedule, not a testamentary document, so execution formalities are a question for your solicitor based on how the will references it.
How often should the directive be reviewed?: Annually is typical, plus any time you change devices, key locations, holdings or the people involved in the recovery quorum.

Next step

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