Mortis causa succession of digital assets in light of European private international law

Abstract

The amount of time people currently spend connected to the internet is significant. Du-ring this time online, we can engage in a wide variety of activities, some of which may even have an impact after our death. Thus, it is worth considering what happens after death with all those videos and photos posted on social media, accounts created on e-commerce platforms, books stored on devices like Kindles, or assets that might be more valuable, such as cryptoassets or NFTs. In other words, an email account could be inherited just like a checking account or real estate. One aspect to keep in mind is that the foreign element is very present in the succession of digital assets. Therefore, private international law, and in particular, European private international law on inheritance, has much to contribute in this regard. The main objective of this study is to analyze whether digital assets can be inherited in the same way as analog assets and, above all, what role the law applicable to succession plays in all this. Howe-ver, this is not a simple matter because not all digital assets are known to the heirs, nor do they all have patrimonial value, and in some cases, privacy is compromised.