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

Who does what
RoleWhat they do
AssistancePotential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
  2. Check the specialist’s assumptions, qualifications and limits. Obtain the relevant expert or specialist review before relying on a technical conclusion.
  3. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
  4. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  5. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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