Digital legacy - what to look out for

People who make provisions usually think of real estate, bank deposits or company shares. But what happens to digital assets - email accounts, social media, cryptocurrencies or cloud data - after death?

In times of digitalization, we leave behind a wealth of data and online accounts as well as material assets. But what happens to email accounts, social media profiles, cloud storage and crypto wallets when we are gone?

What is part of the "digital estate"?

In principle, a digital estate includes everything digital that continues to exist after death. This includes online accounts and electronic data of all kinds; examples include Profiles on social networks (Facebook, Instagram, LinkedIn, etc.), email accounts, user accounts with online services (from Amazon to PayPal to Netflix), cloud storage, personal websites or blogs and even digital assets such as cryptocurrencies. Not forgetting offline data on personal devices - photos, documents, videos on smartphones or laptops are also included.

Who inherits digital accounts and files?

Under inheritance law, the case is clear: in Austria, digital assets are inherited in the same way as physical assets. When a person dies, their estate (all rights and obligations) are transferred to the heirs. Online contracts - such as the user contract with Facebook or Google - are therefore also transferred to the heirs. An exception only applies to highly personal rights that are not inheritable. In practice, most digital accounts do not fall under this exception.

Problems in practice

However, many platforms (Facebook, Google, iTunes, etc.) block access to the user account in the event of death - often with reference to their terms and conditions. Even if the heir were legally entitled to do so, the access data is effectively missing. And without a wallet key, bitcoins are also irretrievably lost.

A smartphone is often the only indication that digital assets exist. There is no official register for online accounts, cryptocurrencies or similar digital assets in Austria. Without concrete evidence, many assets are not even discovered during probate proceedings.

What can you do?

• Create a digital overview: Keep a record of which accounts, devices, online services or crypto wallets you use.
• Document access data: Keep a protected list of logins and passwords - ideally deposited with a lawyer or notary. Not in your will!
• Appoint a person of trust: Appoint someone to take care of your digital estate in the event of your death - ideally with power of attorney.
• Update regularly: Access data changes - and without up-to-date information, the best directory is useless.

Be careful with commercial tools: Many digital probate services are not based on Austrian law coordinated. And a "digital will" via video recording or app is not possible in this country. not legally effective .

Conclusion

The digital estate is not a legal grey area, but a practical organizational problem. If you want to prevent digital assets or memories from being lost, you should make provisions in good time - structured, secure and with someone you trust.

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