🧠 Calquify Intelligence
Germany's BGH ruling on Facebook inheritance is the most important digital estate case in European legal history — and it confirmed full account access for heirs
In July 2018, the German Bundesgerichtshof (BGH) ruled in case III ZR 183/17 that a Facebook account is inheritable under standard succession law (§1922 BGB — universal succession). The parents of a 15-year-old who died in a U-Bahn accident successfully claimed access to their daughter's Facebook account to investigate the circumstances of her death. The BGH rejected Facebook's argument that accounts are personal and non-transferable. The court held: digital accounts are part of the estate, heirs inherit all contractual rights including access, and Facebook cannot refuse access to authenticated heirs. This ruling applies to all social media accounts for German-domiciled deceased persons and has influenced legal thinking across Europe. Platforms serving Germany now generally comply with authenticated heir access requests.
Source: BGH III ZR 183/17, 12 July 2018 — Facebook Nachlass
Cryptocurrency without a succession plan is permanently lost — and an estimated €30-50bn in crypto is already inaccessible due to lost keys
Cryptocurrency is legally inheritable — it forms part of the estate in all European jurisdictions. However, 'legally inheritable' and 'practically accessible' are completely different for crypto. Without the private key (or seed phrase), heirs cannot access the wallet — regardless of what the will says. Chainalysis and other blockchain analytics firms estimate that approximately 20% of circulating Bitcoin — worth approximately $140bn globally at 2024 prices — is permanently inaccessible due to lost keys, including from deceased holders. For European crypto holders: succession planning must include secure key/seed phrase transmission to heirs. Options include: encrypted letter to solicitor; hardware wallet with instructions; custodial exchange accounts (Coinbase, Kraken — which do have death procedures); Shamir's Secret Sharing for security. A will saying 'I leave my Bitcoin to X' is legally valid but worthless without the key.
Source: Chainalysis Crypto Crime Report 2024; STEP Digital Assets Working Group 2024
GDPR creates paradox for digital estate access — data protection rights don't cover deceased persons, but platforms use it as a justification to refuse heir access
EU GDPR Recital 27 explicitly states that GDPR does not apply to deceased persons — member states may choose to provide such rules. In practice, many platforms cite 'data protection' when refusing heir access requests, even though GDPR is technically irrelevant. France has addressed this directly with Art. L112-2 of the Code des Postes et Communications Électroniques — giving heirs explicit rights to access, close, or transfer digital accounts. The UK's Information Commissioner's Office has confirmed GDPR equivalent does not apply to deceased persons but UK platforms vary in their practical response. The EU is developing a Digital Services Act framework that may address digital estate rights more uniformly. In the interim: pre-death planning (legacy contacts, digital wills) is more reliable than post-death legal claims.
Source: EU GDPR Recital 27; CNIL guidance on données personnelles défunt; ICO guidance UK
Digital Assets — Types and Average Estimated Value (European HNW Individual, 2026)
STEP Digital Assets Working Group 2024
📋 Reference Data
Major Digital Platform Death Policies 2026
Platform Terms of Service + Help Centres — verified January 2026
| Platform | Death Policy | Legacy Contact / Memorialisation | What Heirs Can Access | What Heirs Cannot Access | Notes |
|---|---|---|---|---|---|
| Meta (Facebook/Instagram) | Memorialisation or removal upon request | Legacy Contact (US/EU/global) — can manage memorialised account | Legacy Contact: pin post, change profile photo, respond to requests; heirs: download content request available | See private messages, change password, access full account in most regions | Germany: BGH ruling forces full heir access on authenticated request |
| Google (Gmail/Drive/Photos/YouTube) | Inactive Account Manager — designate trusted contacts | Up to 10 trusted contacts get automatic access after inactivity | Designated contacts: download specified Google data (email, Drive, photos, YouTube) | Google account password; Gmail inbox (unless specifically included) | Best succession planning tool among major platforms — proactive setup required |
| Apple (iCloud/Photos/Health data) | Legacy Contact feature — added 2021 | Up to 5 Legacy Contacts; access key provided in Apple ID settings | Photos, messages, notes, contacts, calendar, iCloud Drive, Health data | Purchases (apps, music, films — licensed not owned); DRM content | Legacy Contact must have both the access key AND death certificate |
| X (Twitter) | Account deactivation only — no heir access | None | Request for account deactivation with death certificate | Tweet archive; account access; password | No legacy management — deactivation only |
| Remove or memorialise | None (memorialisation only) | Proof of death for removal; no content access | Profile data; messages; connections | Professional network — primarily removal on request | |
| Microsoft/Outlook | Next of Kin content access (limited) | None | Limited email access upon request with documentation | Full account access; OneDrive contents (varies) | Microsoft has specific 'Next of Kin' form |
| PayPal | Estate access for balance withdrawal | None | Balance withdrawal with death certificate + probate documents | Transaction history beyond 180 days (limited) | Probate documentation required — standard financial account process |
| Coinbase (crypto exchange) | Estate process for crypto balance | None | Full account balance transfer with probate documentation | Nothing without court/probate documentation | Best-practice custodial exchange for succession — formal process exists |
| Bitcoin/Ethereum (self-custody) | N/A — no central authority | N/A | Only with private key / seed phrase | Everything without key — permanently inaccessible | Critical: plan private key succession — a will alone is insufficient |
ⓘ Platform policies change regularly — verify directly at each platform's Help Centre before finalising your digital estate plan. The most proactive tools are: Google Inactive Account Manager (automated data sharing) and Apple Legacy Contact (access key system). Facebook Legacy Contact is limited. Most platforms require official death certificate and probate documentation for any meaningful access. For cryptocurrency: no platform intervention is possible for self-custody wallets — key management is everything.
Digital Estate Planning — Legal Framework by European Country
National succession laws + digital law reforms 2026
| Country | Digital Assets in Estate? | Specific Digital Legacy Law? | Platform Access Rights | Cryptocurrency Treatment | Recommended Actions |
|---|---|---|---|---|---|
| Germany | Yes — universal succession §1922 BGB includes digital | No specific law — BGH ruling governs | BGH confirmed: heirs inherit all account access rights; platforms must comply | Legally inheritable — no specific crypto law | Include digital account inventory in will; provide access credentials securely |
| France | Yes — part of estate | Yes — Art. L112-2 CPCE (2016) — first in Europe | Heirs have rights to access, close, or transfer accounts | Treated as financial asset — included in estate | Use directives numériques feature (some platforms); update Google IAM |
| Netherlands | Yes — part of estate | No specific law — general succession law applies | Limited legal framework; platforms vary | Crypto is vermogen (wealth) — in estate | Notarial will can include digital asset schedule; secure key storage essential |
| UK | Yes — part of estate | No specific legislation — Law Commission review | No legal enforcement mechanism; platform-by-platform | Legally property — HMRC guidance on crypto IHT | Write policy in will; use legacy contacts; store encrypted credentials |
| Italy | Yes — part of estate | No specific law — Codice Civile applies | Unclear — no specific Italian framework | Crypto legally property — immovable analogies apply | Include digital inventory in will; notarial deposit of credentials |
| Spain | Yes — part of estate | No specific law | Varies by platform — Spanish courts have limited precedent | Crypto declared to Tax Agency as financial asset | Include in herencia digital planning; AEAT crypto reporting important |
| Belgium | Yes — part of estate | No specific law | Platform-by-platform; no Belgian digital heritage law | Crypto treated as financial asset | Standard succession planning + digital addendum |
| Switzerland | Yes — part of estate | No specific law — ZGB governs | Cantonal variation; no specific digital framework | Crypto Vermögen — part of estate | Digital wallet succession critical — secure key handover |
| Sweden | Yes — part of estate | No specific law — arvs law governs | Good practical cooperation from platforms | Crypto financial asset — no IHT | Straightforward — no IHT; focus on practical access |
| EU (proposed) | Framework in development | Digital Services Act + proposed Digital Assets Succession Regulation under discussion | Not yet harmonised | MiCA regulation covers crypto issuers but not succession | Watch for EU-level developments — significant reform expected 2026-2028 |
ⓘ France is the only EU member state with specific digital legacy legislation. Germany has the most developed case law (BGH ruling). Most other European countries rely on general succession principles — meaning heirs have legal rights but may face practical difficulties without pre-death planning. The gap between legal rights and practical access (especially for encrypted or platform-controlled assets) is the core challenge. Digital estate planning is increasingly important: the average person has 100+ digital accounts and potential digital assets worth thousands to hundreds of thousands of euros.
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🔬 Methodology & Sources
Digital Estate Law Data
Digital estate law sits at the intersection of succession law (inheritance of contractual rights and property), data protection law (GDPR), and platform terms of service (contractual restrictions). The area is evolving rapidly. Germany's BGH ruling (2018) and France's Art. L112-2 (2016) are the most significant European legal developments. The EU Digital Services Act and MiCA (Markets in Crypto-Assets) Regulation are beginning to address aspects of digital assets but succession-specific rules remain fragmented. STEP's Digital Assets Working Group (2024) provides the most comprehensive cross-jurisdictional guidance.
Formula
Digital estate value = Financial digital assets (crypto, PayPal, online brokerage) + Commercial digital assets (domain names, monetised accounts, intellectual property) + Access value of sentimental digital assets (photos, messages)
CitationBGH III ZR 183/17 (2018); French CPCE Art. L112-2; EU GDPR Recital 27; STEP Digital Assets Working Group Report 2024; Banta, Digital Estate Law in Europe (2025).
❓ Frequently Asked Questions
It depends on the platform and your country. On Facebook/Instagram: accounts can be memorialised (turned into a tribute space) or removed. In Germany, the BGH ruling (2018) confirmed that heirs inherit full account access rights. On Google: the Inactive Account Manager lets you designate trusted contacts who receive access after inactivity — the most proactive tool available. On Apple: the Legacy Contact feature (set up in Apple ID settings) gives designated contacts access with an access key. On X (Twitter): only deactivation is available — no heir access. Without pre-death planning, accessing a deceased person's accounts is extremely difficult even for immediate family. Set up legacy contacts on every major platform today.
Cryptocurrency is legally inheritable in all European countries — it forms part of the estate like any other property. However, Bitcoin, Ethereum, and most crypto held in self-custody wallets is technically inaccessible without the private key (or seed phrase — typically 12 or 24 words). A will saying 'I leave my Bitcoin to X' is legally valid but worthless without the private key. Options for succession planning: (1) Store seed phrase in a sealed envelope with your will at a notary; (2) Use a password manager with emergency access feature (Bitwarden, 1Password); (3) Keep crypto on a reputable custodial exchange (Coinbase, Kraken) which has formal estate procedures; (4) Use Shamir's Secret Sharing to split the key among multiple trusted people. Approximately 20% of circulating Bitcoin is estimated to be permanently lost — much of it from deceased holders without succession plans.
No — EU GDPR explicitly does not apply to deceased persons (Recital 27). Member states may choose to extend GDPR-equivalent rights to deceased, but most have not done so formally. France is the exception — Art. L112-2 of the Code des Postes gives heirs explicit rights to access, close, or transfer digital accounts. In practice, many platforms incorrectly cite 'data protection' when refusing heir access requests. If you are a European heir being refused access to a deceased's accounts, GDPR is generally not the legal barrier — the real issues are: (1) platform terms of service; (2) practical authentication challenges; (3) lack of specific national legislation. Germany (BGH ruling) and France (Art. L112-2) provide the strongest legal frameworks for heir access.
Yes — domain names, websites, monetised YouTube channels, and online businesses are property and form part of the estate in all European jurisdictions. They are legally inheritable. Practical challenges: (1) registrar access requires authentication credentials — without them, transferring domain names requires registrar-specific processes and can take months; (2) monetised YouTube or Patreon accounts may be deactivated by the platform on death before heirs can take over; (3) ongoing hosting subscriptions will lapse without payment. For digital business owners, these assets can be extremely valuable — include them explicitly in your will with practical transfer instructions, and ensure your executor has access to the relevant accounts. A digital asset inventory document (separate from the will for security reasons) is strongly recommended.
A comprehensive digital estate plan should include: (1) A digital asset inventory — list of all online accounts, their approximate value, and location of credentials (stored securely, not in the will itself which becomes public on probate); (2) A designated digital executor — explicitly name someone in your will to handle digital assets; (3) Platform legacy settings — set up Google Inactive Account Manager, Apple Legacy Contact, and Facebook Legacy Contact today; (4) Secure credential storage — use a password manager with emergency access or store encrypted credentials with your solicitor/notarial; (5) Cryptocurrency key/seed phrase — critical for any crypto holdings; (6) Instructions for sentimental assets (photos, videos, messages) — specify what should be preserved, shared, or deleted; (7) Email archives — specify if these should be shared with your estate or deleted for privacy.
Sources & References
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French digital legacy law — Article L112-2 Code des Postes et Communications Électroniques
Retrieved 2026-01-01
Data sourced from official institutional publications. Results are for informational purposes only. Last reviewed Jan 2026.
Data Disclaimer
Digital estate law is a rapidly evolving area. Platform terms of service, national laws, and GDPR all interact in complex ways. Always check current platform policies and consult a legal adviser for specific situations.
Digital estate law is a rapidly evolving area. Platform terms of service, national laws, and GDPR all interact in complex ways. Always check current platform policies and consult a legal adviser for specific situations.