Electronic Will
Abstract
When the existence of a personality ends with death, the assets of the deceased continue to exist. In such a case, what
should be the status of the assets of the deceased; whether the testator has a freedom in this regard? And if he or she
has such a freedom, how should it be used? These are the questions to be answered. Modern legal systems award a
partial or total freedom to individuals on how to distribute the assets after the death of the testator. These legal systems
differ in terms of how to use this freedom, i.e. in which form should the declaration of intention be expressed. However,
in the case of electronic wills, which are the main topic of our article, such differentiation disappears. This is because the
majority of legal systems do not contain any legal provisions for electronic wills and this absence makes all of them share
a common ground: despite not being regulated by law, the increase in electronic will related conflicts shows that this
subject needs to be examined thoroughly. For this reason, the electronic will has been selected as the topic of this article
and the regulations, draft law and judicial decisions regarding the e-Will will be analyzed in detail. Then, this topic will
be examined in the context of Turkish law and the question whether the electronic will is valid or not will be discussed.
Keywords
References
- Akkanat, Halil; “El yazısı ile vasiyetnamede vasiyetname metninin özellikleri”, Prof. Dr. Hayri Domaniç’e 80. Yaş Günü Armağanı (İstanbul, 2001), 799-815.
- Aybay, Aydın; Miras hukuku dersleri (İstanbul 2002).
- Banks, Jasmine; “Turning won’t into a will: Revisiting will formalities and e-filing as permissible solutions for electronic wills in Texas”, Estate Planning & Community Property Law Journal, no. 8 (2015), 291-315.
- Beyer, Gerry W.; Hargrove, Claire G.; “Digital wills: Has the time come for wills to join the digital revolution?”, Ohio Northern University Law Review, no. 33 (2007), 865-902.
- Boddery, Scott S.; “Electronic wills: Drawing a line in the sand against their validity”, Real Property, Trust and Estate Law Journal, no. 1 (Spring 2012), 197-212.
- Dural, Mustafa; Öz, Turgut; Miras hukuku (İstanbul, 2015).
- Gee, Kyle B.; “Beyond Castro’s tablet will: Exploring electronic will cases around the world and re-visiting Ohio’s harmless error statute”, Probate Law Journal of Ohio, no. 4 (March/April 2016), 149-156.
- Gee, Kyle B.; Electronic wills and the future: When today’s techie youth become tomorrow’s testators, available at: https://www.sssblaw.com/media/1140/chapter_1_gee_electronic_ wills_ and_the_ future_2015_pliskin_2015918.pdf
Details
Primary Language
English
Subjects
Law in Context
Journal Section
Research Article
Authors
Murat Oruç
*
This is me
Türkiye
Publication Date
October 26, 2018
Submission Date
April 17, 2018
Acceptance Date
June 22, 2018
Published in Issue
Year 2018 Volume: 76 Number: 1