Writing a will via assistive technology: protecting people with disabilities in inheritance law

The lack of coordination between technology, law and society can create various discriminatory situations for people with disabilities. Speech-impaired people who are unable to write and use assistive technology encounter these situations within the sphere of inheritance law. Even though people use this technology to express themselves in daily life, current frameworks don’t always allow for legal transactions to be completed (or considered valid) via technology. This article addresses this issue through a legal investigation of inheritance law in Italy and compares it with legal systems in other countries. The analysis interrogates both the laws and the theoretical, social and organizational factors that create contradictions regarding technology use and legitimacy. These contradictions reinforce exclusion of people with disabilities from social and juridical institutions. Referring to Posthuman Disability Studies, the article proposes ways of rethinking inheritance law, including recognizing wills created via assistive technology as being legitimate.