Australian succession law was written for a world of physical property. While your will can specify who inherits your house, car, and bank accounts, the legal framework for digital assets remains largely untested in Australian courts.

Current legal landscape

In Australia, digital assets can be broadly categorized as personal property. This means they can, in theory, be included in a will and administered by an executor. However, practical challenges arise because most digital assets are governed by terms of service that may conflict with your testamentary wishes.

For example, a will might state that your cryptocurrency should go to your partner. But if the recovery phrase is lost and the exchange requires specific documentation, the executor may face months of legal process before accessing the funds, during which the market value could change significantly.

What you can do now

  • Include a digital assets clause in your will, even if just a general reference
  • Appoint an executor who is digitally literate or willing to work with a digital executor service
  • Create a separate digital asset schedule (not in the will itself, to avoid probate making it public)
  • Use a secure service to store access details and execution instructions
  • Ensure your executor knows the service exists and how to activate it
  • Review Australian Competition and Consumer Commission (ACCC) guidance on digital accounts

Important: Carryr does not provide legal advice. This article is informational only. For specific legal guidance about your digital estate, consult a qualified solicitor in your jurisdiction.

The role of a digital executor

A digital executor works alongside your legal executor (or may be the same person) to handle the technical aspects of digital asset transfer. They follow your documented instructions, access encrypted credentials when authorized, and execute platform-specific processes to transfer or close accounts.

Services like Carryr provide the infrastructure for this process: encrypted storage for sensitive details, verified execution workflows, and an immutable audit trail that records every action taken. This creates both security and accountability, ensuring your digital estate is handled exactly as you intended.

The best time to plan for digital inheritance was five years ago. The second best time is today.

- Digital Estate Planning Association