DIGITAL INHERITANCE IN SUCCESSORY LAW

Abstract

The present article aims to analyze the adaptation of succession law to include digital inheritance. Thus, throughout the text, it will be possible to perceive that digital inheritance in succession law is an emerging topic that addresses the management and transfer of digital assets after the death of the owner. With the growth in the use of digital assets, such as social media accounts, cloud files, and cryptocurrencies, there is a need to regulate the succession of these assets. Legislative proposals, such as Bill No. 4,847/2012, suggest transferring digital content to heirs, but face significant challenges related to the privacy of the deceased and third parties. The terms of use of many digital service providers often restrict the transfer of accounts and passwords, further complicating the issue. Additionally, current legislation does not fully address the protection of the deceased's will and the privacy rights involved. Thus, for this study, the methodology used is qualitative, bibliographical, using articles, theses, and dissertations. From this, the results demonstrate that for an effective solution, it is essential to develop legal guidelines that reconcile the rights of heirs with the privacy of digital data, possibly through international agreements that deal with the global nature of the internet.