The digital estate in inheritance law
Whether it's paying for a purchase, verifying a coronavirus vaccination or now almost all telecommunications at work or with friends: digitalization is now an integral part of our lives and is encroaching on more and more areas of everyday life. So far, little attention has been paid to the question of what happens to a citizen's digital data after their death. This data continues to exist and is accessible, at least if the right password can be found.
In the following text, we would like to break down for you how digital proof is handled legally and which precautionary measures are recommended.
Digital inheritance: the legal situation
In general, inheritance law in Germany follows the principle of universal succession. This means that the assets of a deceased person automatically pass to the beneficiary with all rights and obligations. This applies not only to financial assets or tangible assets, but also to a person's digital estate. In the summer of 2018, the Federal Supreme Court issued a decisive ruling in which the competent judges determined that it is not only digital content that is relevant in terms of property law that can be inherited. Personal and individual data can also be inherited, and this is not affected by telecommunications secrecy, data protection rules or the general personal rights of the communication partners. This was recently confirmed in § 4 TTDSG (Telecommunications Telemedia Data Protection Act). It states: „Telecommunications secrecy does not preclude the exercise of rights vis-à-vis the provider of the telecommunications service if these rights are exercised by the end user's heir or another authorized person who is authorized to exercise the end user's rights instead of the end user concerned.“
In short: digital content, no matter how personal, can also be inherited, just like a diary or a letter. Digital content includes media such as photos as well as private chats, emails and accounts on social networks such as Instagram or Facebook. The person entitled to inherit is entitled to access these and automatically enters into a contract of use with the relevant provider. The respective platform must ensure that the heir is guaranteed access to the profiles in the same way as the deceased. A mere transfer of data to an external carrier is not sufficient.
You should take these precautionary measures
A major problem faced by many beneficiaries is a lack of knowledge about the deceased's social media channels. Which sites was the deceased registered on? And what are the corresponding passwords?
It is advisable to create a complete overview of all accounts (especially in the case of foreseeable deaths) and to keep this list in a safe place. In addition, clear rules should be set out in powers of attorney and estates as to how the digital estate is to be handled. These questions are particularly important here:
- Who should have access.
- Which channels are affected.
- Which things should be deleted.
Such arrangements should be recorded in writing as a matter of urgency. This written form is also important for the legitimation of inheritance rights before the respective company.
Would you like to settle your digital estate in particular? We can help you with this and prepare all documents for you individually and in a legally compliant manner. We look forward to hearing from you.
Contact the law firm Haas und Kollegen now:
Rudolf-Diesel-Str. 5, 65760 Eschborn near Frankfurt
