ARCHIVES
VOL. 12, ISSUE 1 (2026)
Digital Assets and Estate division: Toward a coherent legal framework
Authors
Le Ha Linh, Pham Thi Hoang Anh, Thai Lam Ngoc
Abstract
The rapid expansion of digital environments
has reshaped the structure of property and posed new challenges for succession
law. Unlike traditional assets, digital assets are characterized by a
separation between legal ownership and technical control, and their operation
frequently depends on platform governance and contractual arrangements. This
structural fragmentation complicates the division of estates upon death. This
article examines the theoretical foundations of estate division in relation to
digital assets and argues that traditional succession doctrines are
insufficient to address their layered and technologically mediated nature.
Drawing upon property theory and selected comparative developments, the study
identifies the structural characteristics of digital asset division, including
intermediary involvement, contractual limitations, and the distinction between
economic value and access rights. It analyzes two principal models of
distribution, access-based and value-based approaches, and proposes a coherent
legal framework that integrates economic entitlement with structured access
rights.
Download
Pages:440-442
How to cite this article:
Le Ha Linh, Pham Thi Hoang Anh, Thai Lam Ngoc "Digital Assets and Estate division: Toward a coherent legal framework". International Journal of Law, Vol 12, Issue 1, 2026, Pages 440-442
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.