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Digital estate
Few people realize how many user accounts they have and how many passwords and usernames they use, and how difficult it is for their loved ones to sort everything out after a death. Some things are even impossible to regulate and therefore it is advisable to find the appropriate solutions during one’s lifetime.
Digital estate – who inherits?
User accounts and assets in the digital world remain. It takes active action for the heirs to be able to dispose of it or for something to be “deleted”.
Think of user accounts on Google, Apple, Facebook, Instagram, etc. or on data such as photos, documents, etc. in clouds.
Some terms of use talk about “No right of survivor” (Apple). Facebook offers the possibility to set the user account of a deceased person into the “memorial state”. Unfortunately, some providers do not grant access to a user account without further ado, which is noted accordingly in the general terms and conditions (GTC) and deviates from the principles of inheritance law applicable in Switzerland.
In Switzerland it is like this: whoever opens a user account concludes a contract with the provider. The rights and obligations under this contract shall then pass to the heirs. The heirs have the right to access the user account (contractual right). The heirs thus acquire the right over the content of the user account (social meda, emails, cloud storage, etc.).
Enforcing claims against international suppliers can therefore become a challenge.
Switzerland. Association of Funeral Services SVB therefore recommends creating an overview of digital activities in a funeral plan during one’s lifetime. There are digital options for creating a directory and specifying which person receives the access data after death (e.g. Switzerland provider: securesafe.com).
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How do I wish my condolences?
In the event of a bereavement, social skills and philanthropy are elementary. It does not matter whether a death occurred suddenly or was foreseeable. Bereaved families need the support of friends and acquaintances in this very difficult and unusual situation. This is the only way to process the loss.
If you are informed of a death by SMS, you can also react directly to this message by SMS and express your concern. After that, a visit or phone contact is appropriate so that the grieving can tell. This helps those affected to understand what has happened.
Writing a letter is also a very nice way to respond. In this context, phrases such as “time heals all wounds” or the like should be avoided as far as possible. A sincere “I am very sorry” or “My sincere condolences” is appropriate. Also, the sincere offer of support is a very nice sign. Often, condolence cards are also read again and again by the bereaved and are also later, after the initial period of mourning, signs of compassion and therefore do good.
How do I get the passwords in case of death?
If the heir does not know a password, he cannot access and delete the associated user account. He must contact the service provider, such as the e-mail provider. They are obliged to grant the heirs access to the account.
Is there a digital legacy?
Yes. In the absence of a will or inheritance contract, the digital estate of a deceased person passes to his or her legal heirs.
The legal situation regarding data on the Internet has not been clearly clarified. They can be heritable assets like an online bank account or privacy-protected data like photos on Facebook. In contrast to assets, data protected by personal rights ceases to exist when a person dies. This means that heirs may be denied access to such data.
What is a digital estate?
The digital estate includes all data, profiles and assets that people leave behind on local devices such as cell phones and computers or on the Internet after their death. Without a will or inheritance contract, the digital estate passes to the legal heirs after death.
How do I formulate a condolence?
A letter of condolence is usually structured according to the following content:
- Salutation
- Introductory words (…that you have learned of the person’s death and are deeply saddened).
- Condolence (expression of sympathy in the narrower sense)
- Personal reference to the situation and to the deceased person (…how you experienced the person and what relation you have to it)
- Offer support (…only sincere support!)
- Convey confidence (….after the time of mourning, the memory remains)
- Greeting formula
- Finally, a quote or appropriate saying, if a saying is not already printed on the sympathy card
Basically, you do not have to follow the outline described above. However, most condolence letters and expressions of sympathy are structured according to the above list. Depending on how well you knew the deceased person, the personal connection may be a little longer or a little shorter.
In many cases, it is the case that one did not know the deceased person at all. Then you condole because you know the bereaved personally (e.g. work colleagues, friends, acquaintances). In such a case, in no case should you pretend and pretend that you knew the deceased person. This is immediately noticeable and embarrassing at best.
How can I delete a profile on Facebook, on Instagram or elsewhere in case of death?
To have a FB profile deleted, family members must report the death to Facebook and submit a special Submit a request . In it, they provide their own name as well as an active email address, the name, URL as well as the email address of the profile to be closed and the date of death. Additionally, Facebook requires a copy or photo of the official death certificate or other proof of death, as well as proof of eligibility.
Possible documents confirming the death:
- Death notice
- Funeral card
Possible credentials:
- Power of attorney
- Birth certificate
- Will
- Estate letter
Only family members or a person administering the estate of the deceased may submit the “Special Request for an Account of a Medically Fragile or Deceased Person” application. If an estate contact is stored on Facebook, the removal of the account is the sole responsibility of this person.
Applicants can black out sensitive data on submitted documents if it is irrelevant to the deletion of the profile – for example, the social security number.
How do I get access to passwords, computers, internet services in case of death?
To obtain passwords to Internet services it is necessary to contact the service provider. A death certificate and a certificate of inheritance are often required to be filed.
It is recommended that you make provisions for the event of your death and create a list of all your user accounts including access data (logins, passwords) and keep it up to date. This can also be the executor of the will or a so-called digital executor. However, caution is advised here. After all, you are entrusting your data to strangers here.