Many foreign residents in Spain now hold part of their wealth in digital form. Crypto, online trading accounts, domain names and digital businesses can be worth as much as a property or a bank account. Yet they are often missing from wills and succession plans. Digital inheritance Spain foreigners planning means combining classic inheritance rules with modern technology and security. With proper advice, you can protect both your privacy and your heirs’ access.
What Counts as a “Digital Asset” in Your Estate?
Digital assets cover much more than cryptocurrency. They include exchange accounts, online wallets, NFTs and other blockchain-based holdings. They also include domain names, monetised social media profiles, online shops, subscription platforms and content channels that generate income.
Beyond pure value, you probably have cloud storage, email accounts and password managers. These may not hold money, but they contain key information about contracts, invoices or intellectual property. Ignoring them can create serious practical problems for relatives trying to locate assets and close accounts.
For estate planning, the key question is simple. Would your family lose money, rights or important information if this account disappeared or remained locked forever? If the answer is yes, it should be treated as part of your estate. A structured inventory, kept securely and updated, is often the first step. From there, a lawyer can help you classify which digital assets have clear financial value and which are more personal or reputational.
How Spanish and Foreign Law Treat Digital Inheritance
For now, the law still thinks in terms of “assets” and “rights”, not just files and passwords. Most digital assets are treated as property or contractual rights. They can be inherited like any other part of your estate. The challenge lies less in legal recognition and more in access, identification and valuation.
As a foreigner, you must also consider conflict-of-law rules. Your estate may be influenced by Spanish rules, the law of your nationality or a law you have chosen in a will. Digital assets complicate this picture because they do not sit in a single country. A crypto wallet may be linked to a platform in one jurisdiction and used by you while living in Spain under another.
This is why digital legacy planning Spain expat strategies should always look at both Spanish and foreign rules. A will valid in Spain may need to coexist with planning in your home country. Some platforms also have their own rules about what happens to accounts when a user dies. A coordinated approach reduces contradictions and helps your executors apply one clear plan instead of several conflicting ones.
Including Crypto, Online Accounts and Digital Businesses in Your Will
You can and should mention digital assets in your will. The goal is not to write every password into the document. The goal is to ensure that your heirs know these assets exist, who inherits them and who is responsible for handling the technical side. A generic clause that says “all my digital assets” is rarely enough on its own.
To include crypto in Spanish will provisions, lawyers often suggest a double structure. The will itself defines who inherits the digital assets and may name a person with special knowledge to assist. A separate, private document can list exchanges, wallets, platforms and practical instructions. That document should be stored securely, not attached to the will that may become public later.
For digital businesses, such as online shops or content accounts, you should consider both ownership and operations. Who will own the platform, domain or company shares? Who has the skills and access to continue or close the project safely? In many cases, you may want different people to inherit the value and to manage the technical transition. Clear instructions in your will and related documents help avoid disputes, frozen payments and lost subscribers.
Lawyer’s Tip:
Do not rely only on one person “who knows everything”. Combine a clear legal structure, a secure list of assets and, where possible, simple written procedures. If one key person is unreachable, your heirs should still be able to locate and claim digital assets with professional help.
Protecting Privacy While Ensuring Access for Your Heirs
Many clients hesitate to document digital assets because they fear exposing passwords or seed phrases. This concern is valid. If someone finds a full access list, they may be able to move funds before or after your death. The solution is a layered approach that separates identification, access and control.
A first layer lists platforms, types of assets and, if appropriate, approximate values. This can be shared with your lawyer or stored with other estate planning documents. A second layer, held more tightly, explains how to access those platforms. This might involve a password manager, hardware devices or recovery phrases. The most sensitive data should never appear in a will or any document that may be widely circulated.
You may also consider appointing a person you trust to supervise digital matters. Their role is to help executors and heirs understand the technical side, not to replace legal authority. For some people, this will be a family member with IT skills. For others, it may be a professional adviser. In all cases, a lawyer for digital estate Spain can help you design a structure that protects both secrecy and practical access.
How Mecan Legal Combines Estate, Tax and Digital Planning
• Identifying and classifying your digital assets, from crypto and online trading accounts to domains and digital businesses.
• Drafting wills and succession planning adapted to digital assets (https://mecanlegal.com/services/individuals/civil/) that fit both Spanish and foreign elements of your estate.
• Coordinating secure inventories and practical instructions so heirs and executors can locate and claim digital assets efficiently.
• Analysing the inheritance and wealth tax impact of digital assets (https://mecanlegal.com/services/individuals/tax/) and suggesting structures to manage future tax exposure.
• Updating your plan as platforms, regulations and your own digital portfolio evolve, so documents never become dangerously outdated.
Digital inheritance planning is not a separate world from traditional estate work. It is the natural evolution of it. At Mecan Legal, we start with your overall situation as a foreign resident in Spain. We look at where you live, where your family is based and where your main assets sit. Digital elements are then integrated into that wider picture.
Our team combines civil, tax and practical experience. We know that a plan on paper must also work in real life, with grieving relatives and busy executors. That means clear wording, realistic instructions and a balance between detail and flexibility. For some clients, the priority is to protect a large crypto position. For others, it is to ensure that children can access photos, documents and small balances without technical frustration. In all cases, the aim is the same: a controlled, predictable transfer of both digital and traditional wealth.
Frequently Asked Questions
Can I mention my crypto wallets specifically in a Spanish will?
Yes, you can. It is often wise to refer to crypto and similar assets in your will so there is no doubt they form part of the estate. The technical details of wallets and platforms are usually kept in a separate, secure document. Your lawyer can help you choose wording that is clear for heirs yet discreet enough to protect security.
How can my heirs access my digital assets without exposing my passwords now?
You can separate information into layers. One document lists the existence of accounts and general instructions. Another, more restricted tool, such as a password manager or sealed memorandum, holds the sensitive details. Trusted people receive access only when needed, usually after your death and under the control of your executors or lawyer.
What happens to my online business or content accounts if I die in Spain?
Unless you plan ahead, these assets may be frozen, closed or simply forgotten. With proper planning, you can decide who inherits the legal rights and who manages the technical transition. This may involve transferring company shares, domain names, platform accounts or revenue channels. A tailored plan reduces disruption for clients, followers and family members.
Do digital assets increase Spanish inheritance tax for my family?
Digital assets with financial value are usually counted as part of your taxable estate. They can increase the base for inheritance and, in some cases, wealth tax. Valuation and reporting may be complex, especially for volatile or illiquid assets. Early advice helps you understand possible tax exposure and explore lawful ways to manage it over time.