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For NRIs, digital assets often span jurisdictions — crypto on Indian exchanges, foreign exchanges, and self-custody wallets; domain names registered in different countries; social-media accounts governed by their platform's own succession terms. Here is how to handle these in your Will.
The typical NRI holds digital assets across at least two legal jurisdictions. This creates a compound problem: your Will can specify who inherits, but access to the assets is governed by the terms and technical realities of the jurisdiction where the asset lives.
Crypto on WazirX is subject to Indian regulations, taxable under Indian income-tax provisions, and inheritable via Indian Will formalities. Crypto on Coinbase in the US is subject to US regulations, taxable under US inheritance rules, and access is governed by Coinbase's platform terms.
A domain registered with GoDaddy in the US may need US-style probate to transfer. A social-media account on Facebook is governed by Facebook's memorialisation policy, not by any Will.
This is more complex than most standard Wills contemplate. For NRIs, digital-asset planning is a real sub-topic within estate planning.
The Will can specify the inheritance ('all my cryptocurrency holdings to my son'), but the executor's ability to access the crypto depends on knowing (a) which exchanges/wallets you use, and (b) the credentials or seed phrases required to access them.
For exchange-held crypto (WazirX, CoinDCX, Binance, Coinbase), the executor presents the death certificate and Will/Succession Certificate to the exchange's succession process. Each exchange has its own protocol — expect multi-week processing.
For self-custody wallets (MetaMask, Ledger, Trezor), the seed phrase is the only means of access. If the seed phrase is not communicated to someone your executor can reach, the wallet is permanently inaccessible on your death. There is no recovery.
Practical solution: create a separate 'digital assets access document' (paper, or in a password manager with designated recipient). Store securely. Reference it in the Will without disclosing contents. Update annually.
Sample language (do not copy verbatim — we do not share sample Will language; instead work with your advocate or use the Online Will's crypto-specific field):
The Will should identify cryptocurrency as a category of assets, list the applicable exchanges and self-custody methods, name the beneficiary, and reference (without disclosing) the separate access document.
For NRIs with foreign crypto holdings, the Will should note the jurisdiction of each holding. If the Will is India-side only, a corresponding foreign-jurisdiction Will (or a companion document) should handle the foreign crypto.
Domain names are contractual rights with the registrar. On death, the domain transfers according to the registrar's terms and the applicable jurisdiction's succession rules. GoDaddy, Google Domains, and other major registrars have documented succession processes but they typically require the executor to produce the Will and death certificate.
For NRIs with income-generating websites or online businesses (Shopify stores, YouTube channels with monetisation, WordPress sites with ad revenue), the Will should specifically address these. Key considerations: the platform's terms may restrict transfer to certain jurisdictions; ongoing revenue needs to be redirected to the heir's account; and account credentials need to be securely transmitted.
For a working YouTube monetisation channel or income-earning Shopify store, the digital asset can be worth substantial money. Treat it as you would any other business asset.
Facebook, Instagram, X (Twitter), LinkedIn, WhatsApp, and other social-media accounts are typically not inheritable in the traditional sense. Each platform has its own memorialisation or account-closure policy.
Facebook allows a legacy contact who can manage the account after your death. Instagram has similar. Twitter can memorialise or delete on request. LinkedIn will remove the account on notice from family. WhatsApp accounts cannot be transferred — they close after prolonged inactivity.
A Will can express your wishes — 'my Facebook account shall be memorialised, not deleted' — but the platform's terms ultimately govern. Set up legacy contacts and memorialisation preferences directly on each platform, not just in your Will.
Google Photos, iCloud, Dropbox, and email archives contain years of family history. On death, this material may be genuinely valuable to surviving family — but accessing it depends on either (a) having the credentials, or (b) invoking the platform's succession process.
Google's Inactive Account Manager and Apple's Digital Legacy program allow you to nominate individuals who can access your data after a period of inactivity or on death. Set these up now — a simple 15-minute exercise per platform.
For NRIs with cloud archives spanning multiple providers, an inventory of accounts (with the access-management setup for each) should accompany the Will.
For NRIs, digital assets require thought beyond what a generic Will template addresses. The Online Will has a digital-assets section, but for complex holdings — substantial crypto, income-earning digital businesses, multi-jurisdiction platforms — the Personalised or NRI Will tier is more appropriate.
Do the access-management setup now. Nominate legacy contacts on Google, Apple, Meta. Create the access document. Reference it in the Will. Update annually.
This is general legal information, not legal advice. For your specific NRI digital-asset planning, consult a Law Tarazoo advocate.
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