When looking at the law, it is very clear: Upon the death of a person, that person’s property passes as a whole to the heirs (Section 1922 German Civil Code). Nevertheless, the mother of a fifteen-year-old girl who was killed under unclear circumstances had to file legal action against Facebook about access to the deceased girl’s Facebook account.
In its judgment of December 17, 2015
Even if Berlin Regional Court has ruled in favor of the heirs, certain dispositions should be made for the digital estate during one’s lifetime. Individuals may establish a notarial provision deed for electronic access permissions, depositing access data to the appropriate user accounts for the heirs and other authorized persons with a notary.