NFT inheritance: legal challenges for digital art succession

The article examines the legal complexities of bequeathing digital assets, particularly NFTs and digital artworks, in Italy. It highlights that without proper planning, digital art collections risk being lost forever after the owner's death. The piece distinguishes between digital assets with patrimonial value (cryptocurrencies, NFTs, digital artworks) and personal value (emails, family photos). It notes that access credentials are not digital assets themselves but are essential for heirs to gain control. The article references the first Italian court order on digital inheritance from Milan's Tribunal on February 9, 2021. It warns that without a will or a post-mortem mandate (mandato post mortem exequendum), heirs may be unable to access encrypted wallets or password-protected devices. The author, Alessandro d'Arminio Monforte, an IT law expert, suggests combining a holographic will with a post-mortem mandate to a trusted professional who will deliver passwords after death. The piece concludes that the urgency of digital inheritance planning is paramount to prevent the loss of crypto art by prematurely deceased artists.