DIGITAL INHERITANCE AND THE FATE OF VIRTUAL ASSETS AFTER DEATH

Abstract

This article sought to analyze digital inheritance within the context of Brazilian Inheritance Law, considering the challenges related to the transmission of virtual assets after the death of the owner and the limits imposed by the protection of privacy and personality rights. The research aimed to understand how the Brazilian legal system can respond to new forms of assets arising from the expansion of digital technologies, especially in the absence of specific regulations. To this end, a qualitative, exploratory, and descriptive bibliographic and documentary review was conducted, analyzing scientific articles, academic works, legislation, legal documents, and specialized publications produced between 2018 and 2026. The results showed that digital assets can have economic, affective, or personal value and, in certain situations, be part of the estate. However, legislative gaps and conflicts between the rights of heirs, the privacy of the deceased, and the rules established by digital platforms were identified. It is concluded that clearer legal criteria are needed for digital succession, with wills and estate planning being relevant instruments until specific regulations are in place.