Digital Asset Planning for Minors

Abstract

This article is one of the first to explore minors, digital assets, and estate planning. It argues that there are special considerations when it comes to minors and their control over their digital assets upon death or incapacity. First are issues concerning the capacity of minors. This is important in two contexts: the capacity of minors to execute a binding estate planning instrument and to enter into a contract with a service provider. Second, it observes that internet law does not treat all minors under the age of eighteen the same. The article offers guidance on how parents, children, and estate planners might approach digital asset planning.

Keywords: Digital assets, minors, family law, privacy