The Management of Digital Assets in Estate Succession

We live in an era where a significant portion of our existence and assets is dematerialized. Photographs, documents, correspondence, but also assets of economic value such as cryptocurrencies, NFTs, and monetized accounts, reside on remote servers or devices protected by encryption. When addressing estate planning, a crucial question naturally arises: what happens to these assets when we are no longer here? As an expert lawyer in succession in Milan, Avv. Marco Bianucci increasingly encounters the need to supplement traditional testamentary provisions with specific clauses for the so-called digital inheritance.

The main problem is not only legal but technical: without access credentials, or private keys in the case of virtual currencies, assets risk being lost forever or remaining locked in a digital limbo, inaccessible to legitimate heirs. Italian legislation, while not yet having an organic code exclusively dedicated to digital assets, offers tools that, if used competently, allow for the transfer of these assets with complete security and legality.

The Italian Regulatory Framework on Digital Assets

In Italy, the transfer of digital assets follows the general principles of succession law but clashes with privacy regulations and the contractual conditions imposed by online service providers (often foreign giants). The law recognizes that the hereditary estate comprises all the active and passive legal relationships of the deceased, including those of a digital nature with patrimonial content. However, the EU Regulation on the protection of personal data and the Privacy Code impose limits on indiscriminate access to the deceased's personal data by third parties, including family members, unless there is a legitimate interest or a specific will expressed during life.

It is fundamental to understand that legal ownership of an asset does not automatically equate to the technical ability to access it. For example, in the case of cryptocurrencies, the lack of a private key makes the asset technically non-existent for the heir, regardless of their legal right to inherit it. For this reason, the drafting of a holographic or public will must be accompanied by parallel technical and legal measures, such as a post-mortem mandate or the use of escrow services for credentials.

The Approach of the Bianucci Law Firm to the Protection of Online Assets

Avv. Marco Bianucci, operating as an expert lawyer in succession in Milan, adopts a working method that combines the rigorous application of succession law with an understanding of technological dynamics. It is not simply a matter of listing assets, but of constructing a secure path for the testator's will to be technically executable. The firm analyzes the nature of the client's digital assets, distinguishing between those with purely affective value (photos, emails) and those with patrimonial value (crypto wallets, business accounts, digital copyrights).

The firm's strategy often involves drafting documents supplementary to the will, aimed at guiding the heir in recovering credentials without violating data security during the testator's lifetime. Avv. Marco Bianucci assists clients in appointing an executor with specific expertise or in identifying trustees who can manage the handover of access keys at the appropriate time. The goal is to ensure that digital assets are not lost and that heirs are protected from lengthy and complex legal battles with internet service providers to gain access to the deceased's accounts.

Frequently Asked Questions

How can I securely leave my passwords to my heirs?

It is not advisable to write passwords directly in a public will, as this document becomes accessible to anyone after its publication, compromising account security. An effective solution, often suggested by an expert succession lawyer, is to use a legacy of passwords or a post-mortem mandate (mandato post mortem exequendum), entrusting the credentials (or instructions on how to find them) to a notary or a trusted person, with the obligation to deliver them to the heirs only after death.

Should cryptocurrencies be included in the succession declaration?

Yes, cryptocurrencies and digital assets with economic value are part of the hereditary estate and must be included in the succession declaration. The valuation of their worth at the time of the succession opening is essential for calculating any taxes due. The complexity often lies in tracing these assets and valuing them correctly, which is why the assistance of a competent professional is crucial.

What happens to my social media profiles after my death?

Social media platforms have different policies: some allow the profile to be transformed into a memorial account, while others provide for its deletion. Italian law allows heirs to exercise rights over the deceased's personal data, but it is much simpler if the user has utilized the tools provided by the platforms during their lifetime, such as appointing a legacy contact. In the absence of provisions, heirs may have to take legal action to gain access to or close the profile.

Can I exclude some heirs from accessing my personal emails?

Private correspondence is protected by law, but heirs may have the right of access if there are family reasons worthy of protection. However, the testator can express a will during their lifetime contrary to the exercise of rights of access to their personal data post-mortem, limited to certain areas. This will must be formulated unequivocally and legally validly to avoid future disputes.

Request a Consultation on Digital Succession

Planning for digital inheritance is an act of responsibility towards your loved ones and a protection of the assets you have painstakingly built. If you own digital assets, cryptocurrencies, or significant accounts and wish to dispose of them correctly for the future, it is essential to act with awareness. Avv. Marco Bianucci is available at the Milan office, located at Via Alberto da Giussano 26, to analyze your specific situation. During a confidential consultation, it will be possible to evaluate the most suitable legal tools to protect your digital identity and your online assets, ensuring a serene and orderly succession.