DIGITAL HERITAGE: SUCCESSION OF CRYPTOCURRENCIES AND NFTS

Abstract

Digital inheritance refers to the digital assets and online presence that a person leaves behind after their death. Among its various types, for the purposes of this study, cryptocurrencies and NFTs are included. Therefore, this study aimed to analyze digital inheritance directed at the succession of cryptocurrencies and NFTs. To carry out this research, a bibliographic review was carried out, based on scientific articles, books and case law. The material was collected from the Scielo database, Google Scholars among others, whose material was limited to the years 2019 to 2024. The results showed that in Brazil, there is a lack of a specific legal standard for digital inheritance, especially with regard to cryptocurrencies and NFTs. Although there are general laws that can be applied indirectly, the lack of clear regulation on the fate of digital assets after a person's death can generate uncertainty and legal problems. Without specific legislation, there is uncertainty about how digital assets should be treated, leading to varying interpretations by courts. However, both cryptocurrencies and NFTs can be part of a digital inheritance. Because they have both financial and emotional value, it is essential that access to these assets is planned. This may include storing private keys securely and including this information in a digital will, ensuring that heirs can access and manage these assets according to the owner’s wishes.