A recent reform in the Civil Code of Mexico City has allowed the inclusion of digital assets and rights in wills, recognizing the importance of considering assets stored on digital platforms or electronic devices when planning an inheritance. This update represents a significant advance in the management of inheritances in the digital age, opening the possibility to bequeath emails, social media profiles, digital libraries, cryptocurrencies, online betting funds, among other electronic assets.
The new wording of Article 1329 establishes that digital assets and rights can be part of a person’s legacy, including those stored on servers, digital storage platforms, electronic devices, or social networks. This evolution in legislation seeks to ensure that no digital asset remains unallocated after the death of its owner.
Among the digital assets that can now be inherited are emails, social media profiles such as Facebook or Instagram, digital libraries with music, books, and movies, cloud storage accounts like Google Drive or Dropbox, cryptocurrencies like Bitcoin or Ethereum, and funds on online betting platforms.
To ensure the inclusion of these assets in the will and their proper management, the Mexican National Notary College provides advice, allowing the designation of a special executor to manage digital assets according to the deceased's instructions. This measure ensures that digital assets are also part of the inherited estate, granting them the same level of importance as physical assets in the succession process.
Guadalupe Díaz Carranza, president of the Mexican National Notary College, explained that this reform is fundamental in the digital age, as it recognizes digital assets as an integral part of the estate that can be inherited. The modification of Article 1329 of the Civil Code of CDMX, published on August 4, 2021, in the Official Gazette of Mexico City, now allows the legal transfer of digital assets and rights to heirs, marking a significant advance in succession law.
