Digital inheritance in Europe: what's changing in 2026

Is there an EU law for digital inheritance?

Not yet in the sense of a single EU-wide digital inheritance and access regime. Rules differ by country. It helps to keep two questions separate: who inherits an asset, and who can actually access an account or the information inside it. A family may have a legal question, a provider-policy question and a practical access problem at the same time.

In a UK survey of 14,631 people, 76% had no plan for their digital assets after death, and only 3% had included them in their will.

That Which? survey describes the UK respondents, not all Europeans. It is a reason to begin a conversation, not a prediction about your family. Start by asking what you would want someone to find, what you would prefer to remain private and where your wishes are recorded.

What are the ELI Model Rules?

In August 2026 the European Law Institute (ELI) published Model Rules on Succession and Access to Digital Remains: a blueprint for lawmakers, not law. They propose that digital assets (for example crypto) are inherited like property, that personal digital remains (emails, messages, photos) get an access regime instead, and that people can leave instructions naming who gets access, excluding specific people from specific data, or ordering deletion, with the most recent dated instruction counting.

The important word is “propose”. These Model Rules are not an account-unlocking service or a promise that a provider will accept a particular document today. They offer lawmakers a way to think about property, personal material and a person’s own choices.

For your planning, the useful starting point is specificity. Instead of saying “give my family everything”, describe the material, the person and the access you want them to have. If you revise that instruction, date the new version and make it clear which earlier version it replaces.

Assets vs. memories: why does the difference matter?

A wallet and a collection of family photographs are both digital, but the questions around them are different. For an asset, legal inheritance matters. For personal material, you may care most about who can see it, which parts they need and what should stay private. The ELI proposal recognises that distinction rather than treating every digital item as the same thing.

About 3.7 million bitcoin is estimated to be lost forever; deaths without inheritance planning are one of the causes.

This Chainalysis estimate, reported via Ryder in 2026, is not a count of bitcoin lost only through deaths. Do not read it as a measure of inheritance-related losses. Its practical relevance is the difference between instructions about an asset and the means of accessing it: write down the plan, while keeping sensitive recovery material protected and separate.

What do German and Czech practice tell us?

Germany's Federal Court of Justice (2018) ruled that a Facebook account passes to heirs like letters or diaries, and that platform terms cannot override inheritance law.

In the Czech Republic, inheriting a right does not guarantee access: providers decide based on their terms, and no court decision can replace a lost private key.

These examples should not be turned into a universal promise about every account or country. They show why an inheritance discussion and an access discussion belong alongside each other. Knowing who is entitled to something is not the same as having a workable route to find it and follow the relevant process.

If your situation involves valuable assets, uncertainty or disagreement, take your inventory and wishes to a qualified legal adviser. Ask what your will should cover and which access questions need separate preparation. Do not assume that one country’s example settles another country’s situation.

What do people actually want?

Research from the University of Birmingham found that most people would give different levels of access to different accounts, to people they trust, who are not necessarily their legal heirs.

That makes a useful planning conversation more personal than “who gets my accounts?”. You might want someone to receive selected photographs, someone else to find essential documents, and a particular person to read a letter. You might also want some material to remain private or be deleted.

Write those choices item by item where you can. Explain the purpose of the access, rather than simply naming a person. For financial assets, keep the legal inheritance question with your will and executor. Choosing who should receive a memory or a practical instruction should not be presented as changing who legally inherits an asset.

What can you do this week?

Begin with an inventory of accounts and important digital material. You do not have to finish everything at once. Make a document that says what exists, what it contains and where the relevant instructions can be found, without turning the inventory itself into a collection of passwords.

Review provider tools such as Google Inactive Account Manager, Apple Legacy Contact and Facebook’s legacy contact. Look at the current options and terms inside each service before choosing a person. Treat these as provider-specific tools, not replacements for a will or a plan for everything you own.

Prepare a dated letter of wishes alongside your will. Name the people you trust, explain what each should receive or access, and identify material you would prefer not to share. Keep crypto instructions separate from secrets. If you change your mind, update the date and make the current version easy for the right person to identify.

Finally, have a calm conversation with the people you have named. Ask whether they are comfortable with the responsibility and explain where the instructions will be found. The aim is not to hand over everything today. It is to reduce uncertainty later while keeping your wishes, privacy and legal inheritance distinct.