Modern Studies in Property Law: Volume 9
DOI: 10.5040/9781782257578.ch-006
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The ‘New’ New Property: Dealing with Digital Assets on Death

Abstract: Death has become more complicated than it used to be, in large part due to the digital age...Yet, the law, still set in the pen and ink era, has failed to keep pace with technology in many contexts, including one's digital footprint at death. 1

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Cited by 3 publications
(6 citation statements)
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“…Awareness refers to the knowledge or perception of cryptocurrency owners on the importance of having estate planning on digital assets. Two documents (Conway and Grattan, 2017; Mali and Prakash, 2020) highlighted that awareness is one of the challenges in cryptocurrency estate planning. Clients are not aware of the importance of planning assets after their death or do not include cryptocurrency in the estate.…”
Section: Results and Findingsmentioning
confidence: 99%
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“…Awareness refers to the knowledge or perception of cryptocurrency owners on the importance of having estate planning on digital assets. Two documents (Conway and Grattan, 2017; Mali and Prakash, 2020) highlighted that awareness is one of the challenges in cryptocurrency estate planning. Clients are not aware of the importance of planning assets after their death or do not include cryptocurrency in the estate.…”
Section: Results and Findingsmentioning
confidence: 99%
“…Therefore it is not easy to distribute it to heirs. Two studies (Conway and Grattan, 2017; Farmer and Tyszka, 2014) expressed that it is one of the challenges in cryptocurrency estate planning. The third issue is categorised as law, the top issue discussed in more than 19 documents.…”
Section: Results and Findingsmentioning
confidence: 99%
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“…Many works report on legislation reviews to analyze how country or state regulations help or hinder in managing digital assets and digital inheritance (Edwards & Harbinja, 2013a; Nekit, 2020a, 2020b; Pinch, 2014; Watkins, 2014). Such works have focused primarily on the United States (Carroll, 2013; Conway & Grattan, 2017; Harbinja, 2019b, 2020; Harbinja & Pearce, 2023; Ray, 2013; Varnado, 2014) and the United Kingdom (Harbinja, 2017a, 2019b, 2020; Harbinja & Pearce, 2023), but also on the EU (Harbinja, 2013, 2020), Canada (Harbinja, 2020), and Brazil (Viana et al, 2020). There seems to be consensus among legal experts that law and policy have yet to catch up with digital technologies (Edwards & Harbinja, 2013b; Ferrante, 2013; Harbinja, 2017a, 2017c, 2017d; Moncur & Waller, 2010; Pinch, 2014; Ray, 2013) and that current law neither sufficiently protects personal privacy (Edwards & Harbinja, 2013b; Harbinja, 2013) nor facilitates digital inheritance (Conner, 2011; Conway & Grattan, 2017; Edwards & Harbinja, 2013b; Ferrante, 2013; Harbinja, 2017a).…”
Section: Reviewmentioning
confidence: 99%