fbpx
Size of letters 1x
Site color
Image
Additionally
Line height
Letter spacing
Font
Embedded items (videos, maps, etc.)
 

Inheritance and division of cryptocurrency in Ukraine: legal practice and challenges

01/ 07/ 2025
  Author: Taras Miroshnychenko, Head of International Corporate Law and Fintech Practice Prikhodko & Partners According to the estimates of the analytical platform Chainalysis, in 2024 the volume of crypto assets owned by residents of Ukraine exceeded $8 billion. According to Kantar statistics, more than 6 million Ukrainians have or have dealt with cryptocurrency. Given these trends, the issue of inheritance and division of cryptocurrency in Ukraine acquires not theoretical, but purely practical significance. Within the framework of my practice as the head of the international corporate law and fintech department at the law firm Prykhodko and Partners, we regularly support cases related to the unlocking and search for digital assets. Legal registration of digital assets as an inheritance or division during a divorce is a relatively new phenomenon that is actively gaining momentum. 1) Is it possible to inherit cryptocurrency?. Yes, but with a number of legal and technical nuances. According to Art. 1216 and 1218 of the Civil Code of Ukraine, the inheritance includes all property rights of the deceased. And although cryptocurrency does not yet have a clearly defined status in Ukrainian legislation, judicial practice recognizes it as part of the inherited property. However, the legal fact of inheritance itself does not yet guarantee access to the asset. The main problem is the lack of a private key or seed phrase. Without them, even a notary or bailiff will not be able to access the crypto wallet. 2) How to ensure the inheritance of cryptocurrency?. The law firm Prikhodko and Partners recommends: Make a will, in which it is directly indicated: the presence of cryptocurrency; the name of the exchanges or wallets; the desired heir; Transfer the seed phrase or access to the cold wallet under the conditions of confidential storage (with a notary or a trustee). Use multisig wallets or services for automated asset transfer (smart inheritance tools). Draw up a gift agreement in the event of death - as an alternative to a will. 3) How to divide cryptocurrency during a divorce?. According to the general rule of the Family Code of Ukraine, everything acquired during marriage is joint property. This also applies to cryptocurrency, even if it is not reflected in declarations or contracts. In practice, the problem is that: Cryptocurrency is easily hidden (especially on cold wallets). Often there are no documents on the purchase or sale of digital assets. The judicial and law enforcement system does not have specialized experts in the field of blockchain analysis and digital assets. For example, one of the spouses tries to hide a certain cryptocurrency during a divorce. Thanks to timely and qualified legal assistance, you can send requests to foreign exchanges (based on a court order or a lawyers request) and confirm transactions and obtain compensation. 4) Is it possible to avoid conflict - contractual mechanisms. We recommend using: A marriage contract, in which you can: - specify that crypto assets are not subject to division or determine the mechanism for such division; - establish a mechanism for their assessment at the time of marriage or divorce; An agreement on the division of property, even if the divorce did not occur - with the consent of the spouses. Such tools not only prevent conflicts, but also reduce legal costs in the future. We at the company Prykhodko and Partners have already implemented templates of such contracts adapted to digital assets. 5) Tax aspects. As of 2025, cryptocurrency is not a separate object of taxation in Ukraine, but when inherited or divided, it is equated to other property. So: When inheriting between relatives of the 1st degree - the rate is 0%. In other cases - 5% + military duty. The tax is not applied to the division of property between spouses, if this is formalized through a court or a marriage contract. Conclusions. In the coming years, the share of digital assets in the private capital of Ukrainians will grow. But without legal clarity regarding cryptocurrency, the risks of losing assets - both during divorce and in the event of death - remain high. The law firm Prykhodko and Partners has practical experience in supporting such cases, interacts with exchanges, notaries, courts in Ukraine and abroad. We help: formalize the inheritance of cryptocurrency; share digital assets legally and securely; avoid litigation through prior contractual settlement. 📌 If you have cryptocurrency — ask yourself: Does my family know how to access my digital assets in case of force majeure? Is there a legal document regulating the right to my crypto assets? Am I ready to confirm the origin and division of cryptocurrency in court or in the tax authority? If even one question raises doubts — contact our team. We will protect your digital future.

Author: Taras Miroshnychenko, Head of International Corporate Law and Fintech Practice Prikhodko & Partners

According to the estimates of the analytical platform Chainalysis, in 2024 the volume of crypto assets owned by residents of Ukraine exceeded $8 billion. According to Kantar statistics, more than 6 million Ukrainians have or have dealt with cryptocurrency. Given these trends, the issue of inheritance and division of cryptocurrency in Ukraine acquires not theoretical, but purely practical significance.

Within the framework of my practice as the head of the international corporate law and fintech department at the law firm “Prykhodko and Partners”, we regularly support cases related to the unlocking and search for digital assets. Legal registration of digital assets as an inheritance or division during a divorce is a relatively new phenomenon that is actively gaining momentum.

1) Is it possible to inherit cryptocurrency?

Yes, but with a number of legal and technical nuances. According to Art. 1216 and 1218 of the Civil Code of Ukraine, the inheritance includes all property rights of the deceased. And although cryptocurrency does not yet have a clearly defined status in Ukrainian legislation, judicial practice recognizes it as part of the inherited property.

However, the legal fact of inheritance itself does not yet guarantee access to the asset. The main problem is the lack of a private key or seed phrase. Without them, even a notary or bailiff will not be able to access the crypto wallet.

2) How to ensure the inheritance of cryptocurrency?

The law firm “Prikhodko and Partners” recommends:

  • Make a will, in which it is directly indicated:
    • the presence of cryptocurrency;
    • the name of the exchanges or wallets;
    • the desired heir;
    • Transfer the seed phrase or access to the cold wallet under the conditions of confidential storage (with a notary or a trustee).
    • Use multisig wallets or services for automated asset transfer (smart inheritance tools).
    • Draw up a gift agreement in the event of death – as an alternative to a will.

3) How to divide cryptocurrency during a divorce?

According to the general rule of the Family Code of Ukraine, everything acquired during marriage is joint property. This also applies to cryptocurrency, even if it is not reflected in declarations or contracts.

In practice, the problem is that:

  • Cryptocurrency is easily hidden (especially on “cold wallets”).
  • Often there are no documents on the purchase or sale of digital assets.
  • The judicial and law enforcement system does not have specialized experts in the field of blockchain analysis and digital assets.

For example, one of the spouses tries to hide a certain cryptocurrency during a divorce. Thanks to timely and qualified legal assistance, you can send requests to foreign exchanges (based on a court order or a lawyer’s request) and confirm transactions and obtain compensation.

4) Is it possible to avoid conflict – contractual mechanisms

We recommend using:

  • A marriage contract, in which you can:

– specify that crypto assets are not subject to division or determine the mechanism for such division;

– establish a mechanism for their assessment at the time of marriage or divorce;

  • An agreement on the division of property, even if the divorce did not occur – with the consent of the spouses.

Such tools not only prevent conflicts, but also reduce legal costs in the future. We at the company “Prykhodko and Partners” have already implemented templates of such contracts adapted to digital assets.

5) Tax aspects

As of 2025, cryptocurrency is not a separate object of taxation in Ukraine, but when inherited or divided, it is equated to other property. So:

  • When inheriting between relatives of the 1st degree – the rate is 0%.
  • In other cases – 5% + military duty.

The tax is not applied to the division of property between spouses, if this is formalized through a court or a marriage contract.

Conclusions

In the coming years, the share of digital assets in the private capital of Ukrainians will grow. But without legal clarity regarding cryptocurrency, the risks of losing assets – both during divorce and in the event of death – remain high.

The law firm “Prykhodko and Partners” has practical experience in supporting such cases, interacts with exchanges, notaries, courts in Ukraine and abroad. We help:

  • formalize the inheritance of cryptocurrency;
  • share digital assets legally and securely;
  • avoid litigation through prior contractual settlement.

📌 If you have cryptocurrency — ask yourself:

  1. Does my family know how to access my digital assets in case of force majeure?
  2. Is there a legal document regulating the right to my crypto assets?
  3. Am I ready to confirm the origin and division of cryptocurrency in court or in the tax authority?

If even one question raises doubts — contact our team. We will protect your digital future.

If you have found a spelling error, please, notify us by selecting that text and pressing Ctrl+Enter.

Start
in the Telegram bot
Read articles. Share in social networks

Spelling error report

The following text will be sent to our editors: