DIGITAL WILLS AND THE EXPRESSION OF WISHES THROUGH ELECTRONIC MEANS

Abstract

This article sought to analyze the main aspects related to digital inheritance and digital wills in the context of Inheritance Law, considering the transformations caused by technological advancements and the expansion of assets constituted in the virtual environment. To this end, a bibliographic research was carried out, analyzing studies related to the succession of digital assets, the expression of will in electronic media, and the legal challenges arising from the absence of specific regulations. The results demonstrated that digital assets can involve both assets with economic value, such as cryptocurrencies, investments, and monetized content, as well as elements of a personal and affective nature, such as photographs, videos, documents, and digital accounts. The analysis also highlighted difficulties related to privacy, data protection, personality rights, the authenticity of electronic documents, and the validity of last will and testament provisions made through digital means. It is concluded that digital inheritance represents a relevant demand for contemporary law and that estate planning can contribute to ensuring greater predictability, legal certainty, and respect for the owner's wishes regarding the destination of their digital assets.