Digital Asset Planning for Minors

By Natalie Banta and Naomi R. Cahn
Digital Asset Planning for Minors

Digital Asset Planning for Minors

Minors do not have the legal capacity to devise digital assets, but they do have the ability to contract with online vendors.

In 2018, Germany’s Federal Court of Justice considered whether the parents of a 15-year-old girl who had been killed by a train could access her Facebook account. Her parents wanted to determine whether their daughter’s death was accidental or suicidal for legal and personal reasons. Although Facebook opposed access, claiming it needed to protect the account, the court decided that the parents could inherit their daughter’s social media accounts just as they could inherit physical property. Daniel Uria, German Court Grants Parents Access to Dead Daughter’s Facebook Account, United Press International (July 12, 2018), https://bit.ly/2zuEIDq.

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