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Donβt Let Your Bitcoin Die With You: Wills and Inheritance in Australia
Description
What happens to your Bitcoin if you die without a will? Dale Warburton, founder of My Bitcoin Will, returns to Honest Money to explain why most Bitcoin inheritance plans fail, and how to make sure your stack reaches the people you love.
Dale walks through a real Queensland example of dying without a will, why your will becomes public during probate, and why naming your Bitcoin in it could put a target on your beneficiaries' backs. He also explains why an access plan matters even more than a will, how inherited Bitcoin is taxed in Australia, and why your plan is never set and forget.
ποΈ EPISODE SUMMARY
Dale and Anja discuss wills, letters of wishes, executors, access instructions, and the legal side of Bitcoin that every holder should understand before they need to.
The conversation moves from what the state does with your assets when there is no will, to the key terms every beginner needs: probate, executors, letters of wishes, and testamentary trusts. Dale shares why he started My Bitcoin Will after a lawyer dismissed his Bitcoin, and what makes a will valid.
The episode also covers power of attorney, keeping Bitcoin in the residue of your estate, where to store access instructions, keeping your plan simple, cost base and provenance records, when Australian banks might offer Bitcoin custody, and the first step you should take today.
π KEY TAKEAWAYS
Without a will, the state decides who inherits your Bitcoin
Intestacy rules differ by state, even between neighbouring towns
Your will becomes public during probate in Australia
A letter of wishes stays private and can point to your access instructions
Leaving Bitcoin in the residue of your estate protects your beneficiaries
Never store access instructions with your seed material
Inheriting Bitcoin is not a taxable event in Australia
Get your access plan in place first, then your will
β±οΈ CHAPTERS
00:00 Meet Dale Warburton of My Bitcoin Will
00:59 What Happens If You Die Without a Will
04:03 Wills, Probate, and Executors Explained
05:55 Letters of Wishes and Testamentary Trusts
08:02 Are Australian Lawyers Bitcoin Literate?
11:14 Why Dale Started My Bitcoin Will
15:32 DIY Wills and What Makes a Will Valid
18:33 Losing Mental Capacity and Power of Attorney
23:29 How to Describe Bitcoin in Your Will
28:04 Why Bitcoin Is Harder to Inherit Than Shares
31:11 Where to Store Access Instructions
37:29 How Inherited Bitcoin Is Taxed in Australia
39:51 Cost Base, Provenance, and Bank Custody
47:25 Do Single People Need a Will?
49:51 Your First Step and Keeping Your Will Updated
π FEATURED LINKS
My Bitcoin Will: https://mybitcoinwill.com/
Dale on X: https://x.com/Dale21M
π AFFILIATE LINKS
Buy Bitcoin in Australia With a $10 Sign Up Bonus
HARDBLOCK: https://hardblock.com.au/join/honestmoney
Learn to Acquire, Secure, and Manage Your Bitcoin
MINERACKS: https://www.mineracks.com/honestmoney
Shop Signing Devices, Bitaxes, Nodes, Apparel, and More
SHOP BITCOIN AUSTRALIA: https://shopbitcoin.com.au
Collaborative Security, Inheritance Planning, and Retirement Strategies
THE BITCOIN ADVISER: https://thebitcoinadviser.com/honest-money
Reached Terminal Bitcoin? Borrow Against Your Bitcoin Without Selling
LOAN MY COINS: https://www.loanmycoins.com/honest-money
π ABOUT THE HONEST MONEY SHOW
The Honest Money Show explores the forces shaping our financial world, from monetary systems and personal finance to Bitcoin. Through in depth conversations with builders, thinkers, and educators, the show challenges mainstream narratives and provides practical insights into financial sovereignty.
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β οΈ DISCLAIMER
This podcast is for general inform