Estate Lawyers: The biggest litigation risk is the one you can’t see.

Estate Lawyers: The biggest litigation risk is the one you can’t see.

September 02, 20252 min read

Estate Lawyers: The biggest litigation risk is the one you can’t see.


Let’s be honest—most estate disputes don’t start with what’s included in the will.

They start with what was left out.
And increasingly, that missing piece… is crypto.

I recently spoke with a lawyer who had no idea their client held $150K worth of Ethereum.

It wasn’t disclosed.
It wasn’t documented.
And it wasn’t passed on.

Now the family’s in dispute, the executor is under pressure, and the solicitor is being questioned for not conducting deeper digital asset due diligence.

This is the emerging litigation risk in modern estate planning:

Digital assets that go unmentioned, unvalued, and unclaimed.

And when the family finds out—because they usually do—the finger-pointing begins:

Why wasn’t this investigated?

Why wasn’t this included in the will?

Why didn’t the lawyer ask?

In Australia, Estate Lawyers now have a Duty of Care that extends to helping clients identify and structure all significant assets—including crypto.

The problem is:

Most clients don’t think of crypto like property.
Many don’t understand its inheritance risk.

And most lawyers don’t have a system for handling it.

If Your Client is not storing their Digital Assets like Crypto in Institutional Licensed Insured Custody then there is a Major Risk of Theft and Loss and high risk for Litigation. This includes the clients SMSf's.

That’s where I come in.

At Wealth99, we work alongside Estate Lawyers to:

- Identify whether a client holds digital assets
- Secure them in Institutional licensed, insured custody (via Zodia)
- Support the family and executor post-death
- Help eliminate the risks!

No USB sticks in sock drawers.
No assets lost forever.
And far less chance of a future claim for negligence.

If you're an Estate Lawyer or Legal Professional, now’s the time to get crypto-ready—not later, before litigation becomes your risk, too. Especially for SMSF's.

Here is a recent Crypto Estate Planning Article and PDF Guide that may share some insights:
https://lnkd.in/g9G9vJ9M

I’m
here to help.

Message me with “Crypto Estate Audit” and I’ll show you how it works—no pressure, no pitch, just clarity.

hashtag#EstateLaw hashtag#WillsAndEstates hashtag#CryptoInheritance hashtag#DigitalAssets hashtag#LitigationRisk hashtag#Wealth99 hashtag#DigitalEstatePlanning hashtag#LegalProfessionals hashtag#ExecutorDuties

Darren Bartsch is a seasoned entrepreneur, ex professional athlete, Software Consultant, and pioneering Digital Wealth Specialist, dedicated to empowering individuals and businesses to navigate the evolving landscape of digital assets with confidence and clarity. 

With a unique background spanning successful traditional business ventures and elite professional sport, Darren brings a disciplined, strategic, and forward-thinking approach to helping clients understand, invest in, and leverage the potential of Web3, blockchain, and cryptocurrency for long-term wealth generation. 

He simplifies complexity, prioritizes security, and provides a supportive pathway for those seeking to participate in the new digital economy.

Darren Bartsch

Darren Bartsch is a seasoned entrepreneur, ex professional athlete, Software Consultant, and pioneering Digital Wealth Specialist, dedicated to empowering individuals and businesses to navigate the evolving landscape of digital assets with confidence and clarity. With a unique background spanning successful traditional business ventures and elite professional sport, Darren brings a disciplined, strategic, and forward-thinking approach to helping clients understand, invest in, and leverage the potential of Web3, blockchain, and cryptocurrency for long-term wealth generation. He simplifies complexity, prioritizes security, and provides a supportive pathway for those seeking to participate in the new digital economy.

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