Erbrecht
by Brandauer RA
Focus area

Digital legacy

Disputes over accounts, cloud and crypto assets: enforcing access, clarifying inheritability and securing digital value in the estate.

Orientation

How do you secure the digital legacy?

Online accounts, data and contracts form part of the estate. Choose your concern and we will show the suitable route.

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01 Question 1

What is your concern?

All paths at a glance

Overview of all answers.

01

Arrange your digital legacy in advance.

Arrange access, passwords and wishes for online accounts early, for example through a power of attorney beyond death and a secure list of credentials.

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02

Enforce the release.

Heirs generally step into the contractual relationships of the deceased. Providers must grant heirs access, which can be enforced legally if necessary.

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03

Access with an existing arrangement.

With a power of attorney or a testamentary instruction you usually obtain access easily. Present the documents to the providers.

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04

Prove your access as an heir.

Without provision you must prove your status as heir, for example through the certificate of devolution. With it you request access from the providers.

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Death does not end digital life by itself: email accounts, social networks, cloud storage, online banking and crypto assets pass to the heirs. We help to secure and order the digital legacy.

According to the prevailing view, digital content and contractual relationships are in principle inheritable as well. In practice, however, it often stalls on access credentials and on the rules of the platform operators.

What counts as digital legacy

The digital legacy comprises all digital data and legal relationships of the deceased.

  • Email, social media and cloud accounts
  • Online banking, payment services and subscriptions
  • Cryptocurrencies and digital wallets
  • Domains, websites and digital works

Access and inheritability

Heirs step into the contracts of the deceased and are in principle entitled to access the accounts. Platforms usually require a death certificate and proof of heirship, such as the devolution order. Without access credentials, however, assets, especially cryptocurrencies, are effectively lost, which is why provision is decisive.

Provision during your lifetime

With an orderly overview of accounts, stored access credentials and a clear power of attorney or testamentary instruction, the digital legacy can be settled smoothly. We design such provisions and support heirs with the administration.

This page gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your inheritance are always decisive.

Frequently asked questions

What clients often ask.

How do I access the deceased’s email account? +
As an heir you are in principle entitled to access. You prove the death and your heirship to the provider. We take over the correspondence with the platforms if they stonewall.
What happens to crypto assets? +
Cryptocurrencies are inheritable, but without the private keys they are inaccessible. If the access credentials cannot be found, the assets are practically lost. Provision during your lifetime is especially important here.
Can I arrange digital accounts in advance? +
Yes. Through powers of attorney, a legacy contact at the platforms and clear testamentary instructions, access can be secured. We advise on legally sound arrangements.
Do social media profiles belong to the estate? +
Yes, the contractual relationships pass to the heirs. Many platforms additionally offer memorial states or deletion options. We enforce your wishes towards the providers.

Inheritance dispute, an overlooked compulsory portion, a doubtful will?

In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.

Contact

A direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg