Testamentos electrónicos: viabilidad jurídica y desafíos de su implementación

Abstract

This paper analyzes the concept of wills within Ecuadorian inheritance law and their possible evolution toward an electronic format. It examines the legal foundations of the current system, its classifications, legal effects, and structural limitations, especially in terms of its dependence on physical presence. The research raises the need to modernize this institution, considering the social, technological, and legal challenges that this implies. Within this framework, it proposes the incorporation of the solemn open electronic will, executed before a notary public by telematic means, into the Ecuadorian legal system as a valid, secure alternative in line with contemporary digital contexts. It studies its conceptualization and technical and legal requirements and presents comparative law experiences that reinforce the viability of this concept. The analysis includes a detailed regulatory proposal aimed at guaranteeing authenticity, integrity, and solemnity in the digital environment. Finally, technical and operational guidelines for its implementation are proposed, based on the premise that the law must respond to new social realities without losing its foundation of legal certainty and respect for the will of the deceased.