TRANSITION OF THE DIGITAL INFORMATION OF THE DECEASED ONTO THE INHERITORS (DIGITAL HERITAGE)

In Turkish and German Law, the heirs are entitled as the universal successors to the heritage of the deceased. The estate of the deceased in its entirety vests by operation of law in the heirs. In recent years, internet has been playing a specifically important role in human life. People spend a great deal of their time on the internet, carrying out almost all of their transactions online. Many transactions among people, even commercial transactions are now carried out over the internet. For this reason, it should be analysed whether digital information is included in the heritage. On the death of the deceased, whether his/her e-mail and social media accounts vest in the inheritors is an unresolved issue. Unlike the USA Law, the absence of a clear provision on the descendant’s social media accounts, or digital information in a broader sense, in the Turkish and German Law is an indication that the discussions on this issue will prevail. These discussions on the transition of digital information to the heirs are important not only with regards to inheritance law, but also because it is associated with various issues, such as the protection of personal data or privacy of correspondence