Digital Inheritance, Right of the Heirs to Access to the Deceased User’s Account, Non-Transferability Clauses: An Overview in the Light of Two Judgments Issued by Italian Courts

The transferability of digital assets is becoming more and more important due to increasing importance of digitalization of assets. In legal terms, this issue is progressively more challenging due to the difficult coordination between inheritance law – which differs between jurisdictions – and the general terms and conditions imposed by operators providing digital services in the global market. From this perspective the article examines the issues arisen in two recent decisions issued by the Court of Milan and the Court of Bologna related to the heirs’ right to access to a deceased’s account.