Validity And Effectiveness Of “Smart Wills” Through Blockchain Technology

Abstract

The scope of this article is to analyze the legal validity and effectiveness of “smart wills”, also known as “cryptowills”, which can be understood as automatics or self-executables wills made possible through blockchain technology. Through exploratory and analytical-dogmatic methods, this article implies the possibility of realizing “intelligent wills” in Brazil, by the use of this innovative technology. First, this paper analyzes the blockchain technology, its different applications, its structure as a distributed computer network and how it works, focusing on smart contracts. After, it is reviewed the Brazilian legislation regarding testaments, mainly private testaments, its characteristics, peculiarities and the reasons why this kind of testaments are not often used nowadays. Finally, this article seeks do demonstrate how blockchain technology may help to make these testaments more trustworthy and self-executables, without disregard the technical difficulties to be overcome.

Keywords

• Blockchain
• Contratos inteligentes
• Testamentos particulares.