Trusts of Cryptoassets
Trust Law International and Trusts and Private Wealth Management: Developments and Directions (Cambridge University Press, 2021)
24 Pages Posted: 17 Dec 2020
Date Written: December 15, 2020
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? Secondly, if so, how may the rules relating to validity be applied to cryptoassets? Thirdly, 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?
Keywords: trusts; cryptoassets; cryptoasset exchanges; certainty of intention; certainty of subject-matter; insurance; authorised investments; risks
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