RETHINKING DIGITAL INHERITANCE: DOCTRINAL APPROACHES IN TURKISH LAW AND COMPARATIVE REFLECTIONS ON POST-MORTEM DIGITAL ASSETS
RETHINKING DIGITAL INHERITANCE: DOCTRINAL APPROACHES IN TURKISH LAW AND COMPARATIVE REFLECTIONS ON POST-MORTEM DIGITAL ASSETS

Summary/Abstract: The growing role of digital platforms in everyday life has raised important questions about what happens to a person’s digital assets after death. This article examines how such assets are treated under Turkish inheritance law, considering both economic and personal elements. It suggests that digital items with commercial value, such as monetized social media profiles, paid subscriptions, or professional email accounts, should generally be passed on to heirs. On the other hand, assets that are purely personal, particularly those tied to an individual's identity or privacy, may not be transferable unless the deceased has clearly expressed otherwise. Drawing on examples from Turkish case law as well as legal practices in countries like Germany and the United States, the article discusses how courts and lawmakers are handling these new forms of property. The author also argues for legal reforms that would allow individuals to express their digital wishes more clearly, including through secure online tools. Ultimately, the study calls for clearer legal definitions and better protection for both the rights of heirs and the privacy of the deceased.

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