Digital Assets in Probate Law

As our lives increasingly move online, digital assets, such as social media accounts, cryptocurrencies, and digital files, are becoming a significant part of probate cases. However, the legal framework for managing these assets remains underdeveloped.

The NSW Law Reform Commission’s 2019 report recommended creating an "access scheme" for digital records after death, including appointing a "digital executor" to manage these assets. To prepare, individuals should consider naming a digital executor in their estate plans or leaving clear instructions on how their digital assets should be handled. These steps can ensure a smoother process for executors and beneficiaries alike.

In March 2025, the government released Developing an Innovative Australian Digital Asset Industry, signalling its focus on regulating digital assets. On 25 September 2025, the government opened consultations on the draft Treasury Laws Amendment (Regulating Digital Asset and Tokenised Custody Platforms) Bill 2025. This draft legislation formally defines "digital asset" and is expected to have knock-on effects for probate law.

If you wish to know more about Digital Assets in probate cases, or probate law matters in general, Verde Lawyers may assist you.

Contact us today at Verde Lawyers at info@verdelawyers.com or 02 9283 5290.