How to get more liquidity in digital successions

In the context of inheritance proceedings, securing liquidity is often essential to cover immediate expenses — such as inheritance taxes, outstanding debts of the deceased, funeral costs, or legal fees. While traditional forms of credit (such as mortgages, personal loans, or bank advances) involve significant costs and long processing times, alternative and innovative tools are emerging that provide heirs with greater financial flexibility. One of the least explored yet increasingly legally relevant areas is access to the digital assets and content of the deceased.

Alternative tools to traditional credit: an overview

Within the current succession framework, non-financial solutions for obtaining immediate liquidity are becoming increasingly common, such as:

• Assignment of inheritance rights: heirs may assign their succession rights to third parties (including specialized agencies) in exchange for an agreed lump sum.
• Agreements with asset management agencies: certain firms offer heirs a financial advance based on the estimated value of the inheritance estate, repayable only once the succession process is complete.
• Liquidation of digital assets: online content, cryptocurrencies, cloud archives, and monetizable accounts can become valuable sources of wealth — provided the heirs can legally access them.

It is precisely this last aspect that raises complex yet crucial legal questions.

Post-mortem access to digital data: what the law says

The Italian Personal Data Protection Code (Legislative Decree 196/2003, as amended by Legislative Decree 101/2018) specifically regulates the handling of personal data after death, through Article 2-terdecies. The article states:

"The rights relating to personal data may also be exercised after the death [...] by anyone having their own interest, or acting to protect the data subject or for family reasons worthy of protection."

In essence, heirs or other authorized parties may access the digital content of the deceased, unless the deceased has clearly and unequivocally expressed a contrary will.

Contractual clauses cannot automatically exclude access

An important ruling by the Italian Data Protection Authority clarified a crucial point: merely accepting online contractual clauses (e.g., during account registration) does not constitute an unequivocal expression of will under Article 2-terdecies.

The Authority established that:

• General contract terms, unilaterally drafted by online platforms (such as social networks, cloud providers, email services, etc.), are not sufficient to exclude post-mortem access rights;
• Generic acceptance of terms of service should not prejudice the property rights or the right to defense of those who inherit;
• Any contractual clause must not harm the financial interests of third parties nor hinder the reconstruction of the inheritance estate.

In other words, if there is no testamentary provision or a clearly expressed will by the deceased limiting access, the digital content must be made available to the heirs or rightful claimants.

Which digital assets can generate liquidity?

Digital assets are increasingly becoming a significant component of a person’s estate. These may include:

• Cryptocurrencies (e.g., Bitcoin, Ethereum)
• Accounts with monetizable content (e.g., YouTube, Instagram, Patreon)
• Digital wallets (e.g., PayPal, Skrill)
• Licenses, purchased digital content, NFTs
• Documentation relevant to estate administration (e.g., accounting records, contracts, legal or tax archives)

Proper access to these digital tools can enable heirs to monetize the content without relying on external financing, bridging any liquidity gaps in the early phases of succession.

How to set up a digital will

To avoid future conflicts and protect both privacy and the interests of heirs, it is advisable to draft a specific digital will, to be integrated with the traditional will. Such a document may:

• Authorize (or prohibit) access to specific accounts or digital content;
• Appoint a digital executor, tasked with managing the deceased's digital data;
• Indicate where passwords, encryption keys, and access codes are stored (e.g., in an encrypted archive or entrusted to a notary).

A valid digital will can be decisive in gaining access to digital data and maximizing the value of digital assets, while avoiding delays, legal disputes, and the risk of asset dispersion. Consulting professionals in the field, such as Agenzia delle Successioni, can greatly simplify these delicate operations.