Will right of inheritance apply to my NFT when I die?
While this question again strongly depends on the above unsettled question of property
rights to NFTs, the correct answer is: yes, the ownership is part of the inheritance. Claims
against third parties to an NFT or to the respective keys are also part of the inheritance.
Yes, because it is classified as a heritage asset. A bill on digital inheritance is currently
under discussion in Brazil, including NFTs. Although, due to the difficulty of tracking such asset
and the inviolability of digital wallets, it is recommended that not only the existence of the
asset is indicated in the will, but also that access to it is made possible through the availability
of the private keys from deceased.
Every property right is inheritable. Real estate would devolve to the beneficiaries
subject to the stipulations in a Will and the reversionary right of the Governor of
the State. Copyright is automatically inheritable upon the death of the author.
There is no stipulation for what happens to a trademark upon the death of the
proprietor or the wounding up of a company. It appears the trademark will
subsequently be removed from the register on the ground of non-use.
Under tax law, NFTs are treated as property rights. Therefore, they can be treated as assets with a measurable value. The detailed interpretation of the essence of a particular NFT token will depend on its functionality. In conclusion, NFT tokens can be the subject of inheritance proceedings.