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No. 4/2025/76

Artykuły

New Technologies in US Succession Law: The Problem of the Legal Succession of Digital Assets

Published: 2025-12-30

Abstract

Inheritance law is an area that requires stability. This is one of the reasons why it is reluctant to undergo any changes, and most legal structures still have their roots in Roman law. However, recent years—with technological developments and changes in society and its needs—have provoked discussion about the need for fundamental changes in this area of law, including responses to the  ongoing technological revolution. One manifestation of this revolution is the transfer of a large part of human activity to the digital world. In the event of the death of a user of various digital assets, inheritance law generally does not provide for any different regulations from the general ones regarding the handling of such assets. However, as practice shows, such regulations specifically relating to digital resources would be desirable. This has been recognized, among others, in the US, where specific legal regulations mortis causa concerning digital assets already exist. Given that the search for an optimal model for solving the problem of the legal succession of digital assets in the event of the death of the person using them is currently underway worldwide, this article presents American solutions that can and should become a reference point for ideas on how to regulate this area of law.

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