DIGITAL ASSETS AND INHERITANCE LAW: LEGAL VACUUM OR NEW PARADIGM

Abstract

The rapid advancement of digital technologies has led to the emergence of a unique category of property, digital assets, which encompasses a broad range of rights and values stored or created in electronic form. Traditional inheritance law, rooted in the concept of tangible and clearly defined property, faces increasing challenges when applied to the transfer of digital assets upon death. Despite the growing prevalence of digital property in everyday life, many legal systems, including that of Serbia, still lack clear and comprehensive regulation governing the inheritance of digital assets. This paper examines whether existing legal frameworks reflect a true normative gap or if the law is undergoing a paradigmatic shift, necessitating a redefinition of ownership and succession in the digital age.

An additional complexity arises from the growing relevance of digital evidence, data that can serve as proof of ownership, access, or transactions involving digital property. Although digital evidence has become increasingly common in judicial proceedings, its admissibility and evidentiary weight in inheritance cases remain underexplored. The dematerialized and decentralized nature of many digital assets complicates both their legal classification and evidentiary verification. These issues highlight the urgent need for legislative and doctrinal responses that recognize the distinctive features of digital assets and the forms of proof associated with them. By adopting a critical and forward-looking perspective, the paper aims to emphasize the need for legal adaptation to modern technological realities and contribute to the broader academic discourse on digital inheritance.