List the steps to secure and transfer the digital assets in an estate
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the instructions and device/account list, draft a steps list (access, 2FA, exchange, social media) and a document request.
- What the lawyer must review
- Run a structured fact-find on holdings, wallets and custody
- Note the Corporations Amendment (Digital Assets — Financial Services) Act 2025 (Cth) regulates platforms and custodians
- Note it applies AFSL rules; its effect on estates is untested, so flag any view as uncertain
- Advise in writing on irrecoverable loss if private keys, seed phrases or hardware wallet access are undocumented
- Check ATO rules for SMSF-held crypto (held in the fund's name, objective market valuations)
- Get specialist advice on NFTs and DeFi rights, which may not be transmissible
- Written for / version
- Commonwealth versionCth
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Check the specialist’s assumptions, qualifications and limits. Obtain the relevant expert or specialist review before relying on a technical conclusion.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.