There is a larger article concerning Cryptocurrency and Estate Planning written on our Resources page; but I thought I would hit a few of the highlights here. Simply, “traditional” estate planning models, language, and documents are not sufficient to deal with the crypto asset revolution. Just a few issues come to mind: fiduciary powers may not be specific enough to administer crypto assets; investment instructions may not be specific enough to allow a fiduciary to administer the crypto assets and do so in a way that is not contrary to the Prudent Investor Rule; the complication of private key discovery without violating Privacy Laws; the problem of privacy keys and Successor fiduciaries; the importance of a “Special” Trustee ; and a carve-out provision allowing a “Special” Trustee, separate from a general Trustee, to monitor and administer crypto assets. Traditional estate planning “drafting” fails in light of the nuances of cryptocurrency. Finally, there is a strong need for contemporaneous memorandums memorializing the transfer of any crypto assets to any the trust vehicle. This is because there are no centralized institutions — or trust law — to help determine whether a transfer of crypto assets to a trust is valid and the valuations are accurate. These are just some of the issues discussed in the article. If you own crypto assets now or plan to in the future, it is time to rethink your current estate planning documents.