10th failed guessing attempt. It does not erase the data, just the key. If Apple is smart (and mostly they are), they will use the same key to encrypt the data in the cloud.
Ah, thanks!
If the key is gone, effectively so is the data. There really is no way to get it back. With 256 bit AES encryption, without the key, it cannot be retrieved. Yes, the data on iCloud is encrypted with the same Key. But since the owner is dead, and only he knows the passcode, there is no way to re-create the key.