Status: 03/13/2023 1:40 p.m
E-mails, social networks or streaming portals: Almost everyone leaves data and accounts on the Internet after death. A power of attorney makes it easier for heirs to access and process the digital estate.
After the death of a relative, it is important to terminate short-term contracts, insurance policies and memberships in order to reduce ongoing costs that have to be paid from the inheritance. This also applies to all digital liabilities that are passed on to the heirs. However, online customer accounts often require passwords that the deceased did not always give to their relatives. It is also difficult for heirs to get an overview of the scope of existing customer accounts if there is no detailed list. A look at the testator’s e-mail account can provide valuable information, but is usually only possible with a password.
Digital estate is subject to inheritance law
Providers of online services have repeatedly denied relatives access to user accounts of the deceased in the past. In 2018, the Federal Court of Justice (BGH) intervened landmark judgment, which strengthens the rights of relatives. Accordingly, the digital estate is to be equated with other inheritance objects. This means that heirs may access the data from email accounts and social media accounts, even if the deceased specified otherwise in the user settings of the accounts.
Create power of attorney and list for person of trust
So if you want your heirs to follow your last will with regard to the digital legacy, you should take precautions and create clarity. You should heed these points:
- Compiling and securely depositing an account list: The list should always contain all current user accounts and digital devices with the respective passwords and give precise instructions on what should happen to the data after death. Paper is the safest storage medium. Digital solutions such as USB sticks or password managers can have technical defects and usually require an additional password for access. The consumer advice center offers one for this pattern list at. Store the account list – in the case of digital storage media with the required passwords – in a safe or safe deposit box.
- Appoint someone you trust: With appoint the digital estate administrator with a power of attorney. Also specify there that this person will already take care of digital matters if this is no longer possible during their lifetime, for example due to illness. In any case, the power of attorney must be valid “after death” and, in addition to the signature, also include the place and date. The consumer advice center also offers one for this Sample Power of Attorney at. Then give the person of trust the power of attorney together with information about where the account list is kept. In order to avoid disputes, inform all relatives about the regulation.
Discount settings on Google and Facebook
Google and Facebook also offer special discount options in the user account settings. There you can specify what should happen to the data after death. For example, Google has an account inactivity manager that allows you to determine who should have access to the data or whether the account should be automatically deleted. On Facebook, a so-called legacy contact can be stored in the user settings and it can be determined whether the profile is deleted after death or set to “memorial status”.
Further information
