Digital Estates and Modern Probate Practice

Succession and probate practice is undergoing a profound transformation as personal and financial lives increasingly move into digital spaces. From cryptocurrency holdings and online accounts to electronic notes and informal digital expressions of testamentary intent, modern estates are becoming more complex, fragmented, and jurisdictionally diverse. These shifts are challenging traditional approaches to will drafting, estate administration, and dispute resolution.

This webinar explores the evolving landscape of digital estates and modern probate practice in Australia. It examines how courts and practitioners are adapting established succession principles to digital evidence, including informal electronic wills and cross-border asset structures. Drawing on recent case law such as Wheatley v Peek [2025] NSWCA 265, the session provides practical guidance for solicitors navigating digital assets, managing multi-jurisdictional estates, and addressing emerging risks in contemporary succession practice.

Key Topics Discussed:

• Evolution of succession practice in the digital age
• Digital assets in estate planning and administration
• Informal wills and electronic testamentary documents
• Recent case law: Wheatley v Peek [2025] NSWCA 265
• Validity of digital records as testamentary intent
• Cryptocurrency and virtual asset succession issues
• Cross-border and multi-jurisdictional estates
• Challenges in estate administration involving digital property
• Accessing and transferring digital accounts and platforms
• Probate applications involving electronic evidence
• Disputes arising from informal or digital wills
• Risk management in modern estate planning
• Practical considerations for wills and estates practitioners
• Emerging trends in succession law and digital evidence