Electronic Will

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