LEGAL NATURE OF DIGITAL HERITAGE

1. INTRODUCTION

As digitalization has become an integral part of daily life, individuals' assets, personal data, social relationships, and intellectual output are increasingly present in the digital environment. Social media accounts, email content, cloud storage, digital photos and videos, domain names, websites, crypto assets, online gaming accounts, and rights on various digital platforms are among the digital elements that a person uses throughout their life and that can have economic or intangible value.

The legal status of these digital assets upon a person's death raises a significant inheritance law issue. Key debates in this area include whether access to digital accounts passes to heirs, whether personal correspondence can be considered part of the inheritance, whether crypto assets and online income are included in the estate, and the validity of clauses in platform service agreements that prohibit account transfer.

The concept of digital inheritance refers to all assets of economic or intangible value, along with associated rights and obligations, that remain after the death of a testator and are located in a digital environment. However, it cannot be said that all digital elements have the same legal nature. While some digital assets directly carry economic value, others are closely related to personal rights, the confidentiality of communication, the protection of personal data, and privacy. Therefore, when determining the scope of digital inheritance, the nature of each asset must be evaluated separately.

The fundamental principle in Turkish inheritance law is that the rights and obligations relating to the deceased's assets pass to the heirs as a whole upon death. However, rights strictly personal and contractual relationships that terminate upon death do not pass to the heirs. Which category digital assets belong to should be determined according to the account's purpose of use, its economic value, the platform agreement, and the nature of the personal data it contains.

One of the significant problems encountered in digital inheritance is that heirs may not be aware of the digital assets or may not possess the necessary passwords, private keys, and verification information to access them. Losing the private key, especially in the case of crypto assets, can prevent heirs from effectively using assets of high economic value. Similarly, digital platforms located abroad may have their own terms of service and apply different national laws, making it difficult for heirs to access accounts.

In the legal assessment of digital inheritance, a fair balance must be struck between the property and inheritance rights of the heirs and the privacy, confidentiality of communications, and protection of personal data of the deceased. Heirs should be able to access digital assets with economic value; however, unlimited access should not be accepted for private correspondence involving the privacy of the deceased and third parties.

Turkish law lacks a specific and comprehensive legal framework that regulates all aspects of digital inheritance. Therefore, disputes are resolved within the framework of the inheritance provisions of the Turkish Civil Code, the Turkish Code of Obligations, regulations concerning the protection of personal data, intellectual property legislation, and contracts between the parties. However, the technical characteristics and transboundary nature of digital assets create various difficulties in applying classical inheritance law rules.

This study will explain the concept and scope of digital inheritance; examine the conditions for the inclusion of digital assets in an estate, their transfer to heirs, their relationship with personal data and privacy, the impact of platform agreements, and the inheritance of crypto assets under Turkish law. Furthermore, it will assess whether existing regulations are sufficient to resolve problems arising from digital inheritance and will discuss proposed solutions to ensure legal security.

2. THE CONCEPT OF DIGITAL HERITAGE

2.1. WHAT IS DIGITAL HERITAGE?

Digital inheritance refers to all digital assets left behind by a person upon their death, along with the rights and obligations associated with those assets. This includes email accounts, social media profiles, digital photos and videos, cloud storage, websites, domain names, online gaming accounts, digital works, subscriptions, and crypto assets.

Not all assets within the scope of digital heritage have the same legal nature. Crypto assets, domain names, income from digital works, and commercial social media accounts may have economic value. In contrast, personal correspondence, private photographs, and social media messages are more related to the privacy of private life, the protection of communication, and personality rights.

According to the principle of universal succession in Turkish inheritance law, the transferable property rights and liabilities of the deceased pass to the heirs upon death. Therefore, digital assets that have economic value and are not strictly tied to the individual can, as a rule, be included in the estate. However, whether personal accounts and content pass to the heirs should be determined by considering the purpose of the account's use, the platform agreement, the deceased's intention, and the privacy of third parties.

Digital inheritance is a concept that encompasses not only the ownership of digital content but also the right to access that content. Even if heirs legally own a digital asset, they may not be able to actually use it because they lack access to the password, private key, or verification information. In the case of crypto assets in particular, the loss of the private key can render the asset permanently inaccessible due to its economic value.

In conclusion, digital inheritance encompasses all digital assets and associated transferable rights that remain after a person's death and possess economic or intangible value. Whether a digital asset falls within the scope of inheritance should be determined by considering its economic value, personal nature, transferability, and relevant contractual provisions.

2.2. ELEMENTS OF DIGITAL HERITAGE

Digital inheritance consists of assets of economic or intangible value that remain after the death of the testator and are available in digital form. This includes social media accounts, email content, digital photos and videos, websites, domain names, cloud storage, online gaming accounts, digital works, subscriptions, and crypto assets, which are among the primary elements of digital inheritance.

Digital heritage elements can be categorized into two groups: economic and personal assets. Crypto assets, commercial social media accounts, domain names, and income derived from digital works have economic value, while personal correspondence, private photos, and social media messages are more related to privacy and personal rights.

For a digital asset to be included in an estate, it must be transferable and not strictly tied to the identity of the deceased. Digital assets with economic value can, as a rule, pass to heirs. However, the deceased's will, the confidentiality of communication, and the privacy of third parties must also be considered regarding the use or viewing of personal accounts and content by the heirs.

Usernames, passwords, digital wallet information, and private keys used to access digital assets are also crucial for the actual use of the digital legacy. Even if heirs are legally entitled to the assets, they may not be able to use them if they cannot access this information.

3. LEGAL NATURE OF DIGITAL HERITAGE

Digital inheritance encompasses all digital assets and associated transferable rights and obligations left behind after the death of the testator. Since Turkish law lacks a comprehensive legislation specifically regulating digital inheritance, the legal nature of these assets is determined primarily within the framework of the Turkish Civil Code, as well as provisions of contract law, intellectual property law, personal data protection law, and other contract law.

According to the principle of universal succession regulated in Article 599 of the Turkish Civil Code , heirs acquire the inheritance as a whole by law upon the death of the testator. The testator's real rights, receivables, other property rights, and debts generally pass to the heirs. Therefore, transferable digital assets such as crypto assets, domain names, websites, commercial social media accounts, income from digital works, and gaming accounts with economic value may be included in the estate.

However, not all digital assets can be passed on to heirs. Rights that are strictly personal to the deceased, usable only by that individual, or that terminate upon death are not included in the estate. Therefore, when determining the legal nature of digital inheritance, the economic value, transferability, intended use, and relevant contracts of each asset must be examined individually.

It is necessary to distinguish between a digital account and the content it contains. While the usage relationship of a social media or email account is based on the agreement made with the platform, the photos, correspondence, videos, and digital works contained in the account may have different legal characteristics. The fact that an account is non-transferable does not mean that content with economic value or intellectual property rights contained in the account will not pass to heirs.

A balance must be struck between inheritance rights and the privacy of private life and communication with regard to personal correspondence, private photographs, and email contents. According to Article 28 of the Turkish Civil Code, legal personality ends upon death. The Personal Data Protection Board also acknowledges that requests regarding data belonging to a deceased person cannot, as a rule, be evaluated within the scope of the data subject rights under Law No. 6698. However, in cases where special regulations exist, heirs may be able to access certain data.

The legal ownership of a digital asset by heirs and their actual access to that asset are two different things. Usernames, passwords, digital wallet keys, and verification information are often technical tools that provide control over the digital asset, rather than independent property rights. Especially with crypto assets, the inability to access the private key can prevent the actual use of the economic value included in the estate.

Platform terms of service are also important in the transfer of digital assets. However, if there is a conflict between the provisions in the platform agreement prohibiting account transfer and the mandatory provisions of inheritance law, the validity of the agreement provisions should be evaluated separately. The legal consequences may differ depending on whether the account was opened for personal use or used for commercial activity or generating income.

In conclusion, digital inheritance is not a uniform legal entity. Digital assets that have economic value and are transferable can be included in the estate as intangible assets. However, with regard to personal and private content, the testator's intentions, the rights of third parties, the confidentiality of communication, and platform agreements must be considered. Therefore, the legal nature of digital inheritance must be determined separately for each digital asset, according to its specific characteristics.

4. DIGITAL INHERITANCE IN TURKISH LAW

Turkish law lacks a specific and comprehensive law that regulates all aspects of digital inheritance. Therefore, whether digital assets pass to heirs is evaluated within the framework of the provisions of the Turkish Civil Code regarding inheritance, the Turkish Code of Obligations, the Law on Intellectual and Artistic Works, regulations concerning the protection of personal data, and contracts made with digital platforms.

According to the principle of universal succession regulated in Article 599 of the Turkish Civil Code , heirs acquire the inheritance as a whole and in accordance with the law upon the death of the testator. The testator's real rights, receivables, other property rights, and debts generally pass to the heirs without the need for any transfer transaction. Therefore, it is possible to include digital assets that have economic value, are transferable, and are not strictly tied to the testator's personality in the estate.

Crypto assets, domain names, websites, social media accounts used for commercial purposes, income derived from digital works, and online gaming assets with economic value can be considered within this scope. The fact that crypto assets have been included in the regulation of Turkish law also demonstrates that they are digital assets with economic value. Crypto asset service providers were brought under the regulation and supervision of the Capital Markets Board with the law amendment made in 2024; detailed rules regarding custody and transfer transactions were determined by secondary regulations published in 2025.

However, a digital account and its content must be separated. The use of a social media or email account may be based on a contract between the user and the platform. Even if there is a contractual provision stating that the account is non-transferable, it must be separately assessed whether content with economic value, receivables, or intellectual property rights contained in the account will pass to heirs. Platform agreements cannot completely override the mandatory provisions of inheritance law.

The Law on Intellectual and Artistic Works applies when digital photographs, videos, writings, music, or other original works belonging to the deceased are considered works of art. The financial rights of the author can, as a rule, be transferred through inheritance. The rights of non-pecuniary rights are specifically regulated in Article 19 of the Law on Intellectual and Artistic Works; primarily the executor of the will, and if such a person does not exist, the relatives specified in the law are authorized to exercise these rights.

Personal correspondence, emails, private photos, and social media messages require a more sensitive assessment. According to Article 28 of the Turkish Civil Code, personality ends upon death, therefore a deceased person is not considered a "data subject" under the Personal Data Protection Law (KVKK). The Personal Data Protection Board also acknowledges that relatives cannot directly request access to the personal data of a deceased person based on Article 11 of the KVKK. However, if a specific regulation exists or the data is necessary for a lawsuit, heirs may be able to gain access through the court or relevant legislation.

For example, there are specific provisions regarding the health data of a deceased person. Requests for access to health data are evaluated not only according to the general provisions of the Personal Data Protection Law (KVKK), but also within the framework of the Regulation on Personal Health Data and related specific regulations. The Personal Data Protection Board also acknowledges that in requests from heirs regarding the health data and insurance policy of a deceased person, the specific legislation and the status of heir must be examined separately.

In digital inheritance, legal ownership and actual access are distinct. Even if heirs legally own a crypto asset or digital account, they may not be able to actually use the asset because they lack access to the username, password, verification code, or private key. Losing the private key, especially in decentralized crypto wallets, can render the asset technically inaccessible.

A testator can specify how their digital assets will be managed after their death through a will or inheritance agreement. However, directly including passwords and private keys in the will may create a risk of this information being accessed by third parties when the will is opened. Therefore, preparing a list of digital assets, storing access information in a secure system, and designating the person who will manage them through a testamentary disposition is a safer method.

In conclusion, under Turkish law, digital assets with economic value and transferability can, as a rule, be included in an estate based on the principle of universal succession. However, the automatic transfer of personal and private content to heirs should not be accepted; the testator's will, the communication and privacy rights of third parties, platform agreements, and relevant specific regulations must be considered together. The lack of a specific legal regulation regarding digital inheritance leads to significant uncertainties in practice concerning access, valuation, seizure, sharing, and privacy.

5. CONCLUSION

The integration of digitalization into daily life has led to the transfer of a significant portion of individuals' assets and personal space to the digital realm. Social media accounts, emails, digital artifacts, domain names, online gaming assets, and crypto assets have created a new area of ​​inheritance whose legal value after death must be debated.

Turkish law does not have a comprehensive law specifically regulating digital inheritance. Nevertheless, according to the principle of universal succession in the Turkish Civil Code, digital assets that have economic value, are transferable, and are not strictly tied to an individual can, as a rule, be included in an estate. Crypto assets, commercial social media accounts, domain names, and financial rights arising from digital works can be considered within this scope.

In contrast, a more sensitive approach is needed regarding personal correspondence, private photographs, emails, and social media messages. A fair balance must be struck between the inheritance and property rights of the heirs and the privacy, confidentiality of communication, and personal rights of the deceased and third parties. Therefore, the economic value, intended use, transferability, and personal data contained in each digital asset must be evaluated individually.

In digital inheritance, access is just as important as ownership. Even if heirs legally own a digital asset, they may be unable to exercise that right if they cannot access the password, verification information, or private key. Losing the private key, especially in the case of crypto assets, can render assets of high economic value permanently inaccessible.

Therefore, it is important for individuals to identify their digital assets in advance, create a secure digital inventory, and clarify how these assets will be managed after death through a will or other legal arrangement. Platform terms of service should not be the sole determining factor regarding account transfer and access for heirs; mandatory provisions of inheritance law and fundamental rights must also be taken into account.

In conclusion, digital inheritance is a multifaceted legal field requiring the adaptation of classical inheritance law to the digital world. While existing legal rules provide some solutions, there is a need for specific and comprehensive regulations regarding the identification, access, sharing, privacy protection of digital assets, and the responsibilities of platforms.