The mortis causa transmission of digital heritage

The digital age has created an estate that challenges traditional Succession Law. This thesis addresses the mortis causa transmission of the digital estate in Spain, analyzing the insufficient current regulation (Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales) from a comparative perspective with other legal systems and highlighting the resulting legal uncertainty. The objective is to critically analyze the applicable regime and propose interpretative and lege ferenda (legislative reform) solutions. Key issues are examined: what constitutes the digital hereditary estate (assets, licenses, social networks, emails, original content), who is legitimized to access or manage it (voluntary legitimization and legal legitimization), and how to organize the succession (notarial will, non testamentary instruments, and contractual tools). Through a legal-dogmatic and comparative methodology, it is concluded that a reform is necessary to clarify the transmissible object, hierarchize those legitimized by prioritizing the deceased's wishes, and adapt the channels of disposition, guaranteeing legal certainty and a balance between inheritance rights, autonomy, and fundamental rights.