Digital heritage: have you ever heard of it?

If you have an account on any social network or if you invest in cryptocurrencies, find out what happens after your death.

According to experts, humans have accumulated more information in the past two years than in any time is history.

Digital information is growing so fast that, in 2020, 1.7 megabytes of new information were created per second for every human being on Earth (https://www.forbes.com/sites/bernardmarr/2015/09/30/big- data-20-mind-boggling-facts-everyone-must-read/?sh=acd9f1717b1e). And, in addition, a clear majority of this information is in digital format.

Currently, utility providers, telephone and internet companies, banks and credit cards have moved to digital platforms. Most newspapers are now published online, purchases are made on the Internet, people communicate through emails or social media, and even money can be online (through cryptocurrencies). Today, photos, music and videos are predominantly in digital format. So, most of what was once tangible is now digitized.

Thus, when a loved one dies, they may have more than just physical assets or property; the individual can leave a digital heritage, which includes items of economic value – such as cryptocurrencies and collections of e-books, music, movies, and games – or even sentimental –photos, videos, messages, and profiles on social networks.

Imagine the case of Youtubers and Digital Influencers who have millions of views, followers, and subscribers in their channels. In these cases, in which the result of these social networks is the family income, who would be their heirs? Could the mere holder of the passwords for these accounts inherit them?

In Brazil, there is still no specific law that addresses the issue of digital inheritance, but there is currently, in the Chamber of Deputies, the bill number 8562/2017 that seeks to amend the Civil Code, inserting the digital inheritance.

As long as the law is not changed, if there is no contrary provision on the will, the people who will be called to receive the inheritance are: first, the descendants (children, grandchildren, great-grandchildren...); the ascendants (father, mother, grandfather, grandmother, great-grandparents, ...); and, thirdly, the spouse/cohabitant, who competes with the others in the same order; and, finally, the collaterals up to the fourth degree.

However, the transmission to the successors will only be of the goods with economic content. Personal information, as it is of a very personal nature, is extinguished with death. It is therefore recommended that digital account holders register their will through a will.

Written by: Fernanda Pita

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