Personal digital assets and succession mortis causa: The regulation of the digital will in the Spanish legal system

Abstract

Given the importance acquired by digital goods in our lives, it is necessary to assess the possibility of their disposition mortis causa, however, while some digital assets can be transmitted mortis causa, others cannot be because they have a marked personal character. The objective of this article is to analyze the figure of the digital testament in the Spanish legal system, based on the theoretical and normative assumptions of Succession Law and the post-mortem protection of digital assets. To this end, are studied, the main doctrinal and legislative positions that exist in relation to the types of dispositive instruments, their legal nature, content and scope, as well as the main obligations of those in charge of fulfilling these manifestations.