Submitted to the National Congress in October 2019, Bill n. 5.820/19 (the “Bill”), aims to improve the use of Codicilo by providing that it can be done not only in written form but also by electronic means. The Bill also sets forth a legal meaning for digital assets and how they would be allocated by means of the digital Codicilo’s provisions.
Codicilo, currently governed by the Articles 1.881 up to 1.885 of the Brazilian Civil Code (“CC”), is a privately written document – similar to a will – by which the testator disposes of his low-value assets for succession purposes (clothes, jewelry and/or movable property); leaves funeral and burial instructions; grants alms to certain individuals or institutions; in addition to other provisions admitted in Brazilian law.
Nonetheless, such a legal instrument went out of use, but Brazil remains one of a few countries that still adopt it.
Therefore, in order to modernize the use of Codicilo, the Bill amends the wording of Article 1.881 of the CC, providing for (i) the inclusion of real estate, tangible and intangible assets; (ii) a limit for the assets to be allocated by means of the Codicilo, of up to the percentage of 10% of the testator total assets (currently defined only by doctrine and jurisprudence); and (iii) the inclusion of digital assets, which would be outlined as “videos, photos, books, social network passwords, and other elements stored exclusively in the cloud”.
However, the main change proposed by the Bill refers to the possibility for the testator to express his wishes through the recording of a video, either in Portuguese or in Brazilian sign language (“Libras“), as long as it is clear, followed by the statement of the date of the act and the confirmed attendance of two witnesses, in the event that it involves patrimonial dispositions.
According to the author of the Bill, these changes are important, because the virtual reality is now part of the daily routine of society.
In summary, besides ensuring greater accessibility for the disabled by allowing them to express their wishes through sign language, the Bill keeps up with the evolution of an increasingly technological and digital society, and may contribute to greater and better use of Codicilo, especially by making it more accessible and practical.
