INHERITANCE LAW: THE CREATION OF THE DIGITAL WILL THROUGH THE USE OF BLOCKCHAIN TECHNOLOGY AND ITS EFFECTIVENESS AS TO DIGITAL GOODS

Abstract

The digital will uses blockchain technology, whose purpose is to bring security and ensure the feasibility and destination of digital assets, understood as those assets located in the cyber sphere, such as e-books, social media accounts, cryptocurrencies, etc., in which they must be transferred to the testamentary after the death of the owner of these assets. For this, the objectives of this work were: To discuss blockchain technology addressing its advantages and limitations and to analyze whether there is a possibility of drafting the digital will using blockchain technology and how it is executed in relation to digital assets. For the execution of the present work, the qualitative approach was chosen, since for its development it was necessary a broad study about the institute and the technology involved. The method adopted was the deductive one. It was concluded that from the composition of the digital will by blockchain technology, we will have a secure, effective will, however, there are obstacles as to this elaboration related to the immutability brought by the blockchain for not allowing the modification of the will, so there is a need for flexibility in the rules related to the creation of private wills as a starting point for the creation of digital wills.