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9 - Trusts of Cryptoassets
from Part II - The Changing Legal Context
- By Kelvin F. K. Low
Edited by Richard Nolan, University of York, Hang Wu Tang, Singapore Management University, Man Yip, Singapore Management University
Book:

Trusts and Private Wealth Management

Published online:

08 December 2022

Print publication:

22 December 2022, pp 153-177
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Summary

The birth of bitcoin in the Great Recession of 2008 appealed to cypherpunks and libertarians distrustful of government. Together with copycat altcoins, the volatility of cryptoassets has drawn interest from investors and speculators who did not share in these ideals, including trustees, raising four questions. First, can cryptoassets be the subject-matter of trusts? Second, if so, how may the rules relating to validity be applied to cryptoassets? Third, is such an investment permitted under the terms and/or governing law of a particular trust? Finally, what must trustees be aware of in deciding whether to invest in this new asset class?