ABSTRACT
Regulatory frameworks in many countries provide for official Trustees to manage assets on behalf of others, under certain circumstances. This chapter explores three of these types of Trustee arrangements: Trustees in bankruptcy; Trustees of proceeds of crime; and Trustees of digital assets in estate planning. Statutory and official Trustees who are charged with managing crypto-assets face unique challenges when discharging their duties to satisfy a bankrupt’s creditors, court orders or beneficiaries under a will. In an interesting development, the remaining bitcoin that the Trustee in bankruptcy of Mt Gox has been distributing to its creditors has dramatically increased in value since its 2014 collapse. In light of the threat that crypto-currencies pose to the global effort to combat money laundering and terrorism financing, international regulators are strengthening their financial crimes legislation. Digital executors will need to store the public and private crypto-keys securely.
