Identity of the digital and analogical will and the digital estate successor: the inexistence of the digital will and the on-line contract of service on the digital intentions

Abstract

According to the case law on the type of shares or rights and the qualities of their transferability, the so-called "digital will" or, to be exact, "digital intentions", is part of the non-proprietary content that can be included in a will. The expression "digital will" is neither in any case nor in conformity with the law, as it may confuse consumers and users as subjects in the interchange of services with a company where the online service supply contract consists of the present and the future management of their entire digital heritage. Moreover, this considering that there are certain types of contracts or previous relationships, in which the user has signed agreements of a strictly confidential and personal nature, therefore, are not transmissible by death, nor can be managed by an operators such as this one.