Press Room

2 September, 2021

In regards of granting digital wills, digital content of legacies and others in the field of contracts and civil societies.

On August 4, 2021, decrees were published in the Official Gazette of Mexico City (CDMX), which reform and add different provisions to the Civil Code CDMX and the Law of Notaries CDMX, with respect to the use of electronic means in regards of wills, legacies, notarial activity, contracts and civil societies.
Due to the interest involved in these reforms, we share some of the most relevant. These reforms are impulsed by the digital revolution that is being experienced in the Globe, which was greatly accelerated, since Covid-19:


  •  Successions. Legacies on digital assets or rights
    On the subject, article 1392 Bis is added to the Civil Code that provides for the possibility of granting legacies on goods or digital rights stored in some electronic equipment, such as: a) email accounts, sites, domains, electronic files and, b) keys and passwords of bank or securities accounts.
    This information will be safeguarded by the notary before whom the will is granted. The power of the grantor of the will to appoint a special executor is contemplated, to whom the information corresponding to the access of the goods or digital rights must be provided.
    Granting of an open public will before a notary in the field of its digital action (reform that should have been an addition to article 1520 of the Civil Code)
    The notary, within the scope of his digital action, and in accordance with the Law of Notaries of CDMX, will draft the clauses of the will according to the will of the grantor and will read them aloud so that he expresses his agreement or, where appropriate, he may also forward the electronic file to the will grantor, so that it is read by himself.


Alejandro Linares