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Report from the website Legal Consultant showed that a bill approved by the CCJ of the Chamber of Deputies provides for the creation of a digital will model. Dr. Anna Luiza Berredo was interviewed to comment on the topic.

CCJ of the Chamber approves proposal that provides for digital will

November 5, 2021

The Chamber's Constitution and Justice Committee (CCJ) approved during the week a proposal to modernize the forms of wills. Authored by deputy Alê Silva (PSL-MG), the text is a substitute for Bill 5820/19, by deputy Elias Vaz (PSB-GO).

Once conclusively analyzed, the project may proceed to the Senate, unless there is an appeal to go to the plenary. Approval took place on Wednesday (3).

The original proposal dealt only with codicils — a small testament that expresses a person's last will —, while Alê Silva's text is broader and foresees the possibility of a digital will.

The text also establishes that the private will, which can be written in one's own hand or through a mechanical process, can also be made through a digital system, signed electronically.

If you choose the digital system, the tester must use sound and image recording, as well as a declaration of the date the act was carried out. The media must be recorded in a format compatible with existing reading programs on the date the act takes effect.

The digital will must be digitally signed by the testator, with facial recognition and encryption. For digital inheritance — which includes videos, photos, social media passwords and emails — the video will does not dispense with the presence of witnesses for validation.

Regarding codicils, the proposal determines that the will can be written with a signature at the end, or even signed electronically.

“The project’s provisions are worthy of praise, as they bring into the Civil Code technological possibilities that expand the citizen’s range of action”, said Alê Silva.

Privacy and data protection specialist, the lawyer Anna Luiza Berredo also evaluated the proposal positively.

“It is essential that the standards are always constantly updated to guarantee progress. It is worth remembering the example of the National Council of Justice, which had already published Provision 100, which established the E-notariat, which guarantees electronic notarial acts the constitution of a public instrument with all legal effects”, he said.

With information from Agência Câmara.

Legal Consultant Magazine, November 5, 2021

https://www.conjur.com.br/2021-nov-05/ccj-camara-aprova-proposta-preve-testamento-digital

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