Your Dutch Testament Is Incomplete — It Never Mentions Your Digital Assets

The Notaris Knows Your House—But Not Your Gmail

You sit across from your notaris in Amsterdam or Rotterdam. You've discussed your house, your savings account, your jewelry collection. Together you draft a testament that ensures your children inherit your physical assets, your bank balance, your pension.

Then you stand up, shake hands, and walk out.

And your notaris has no idea that your Gmail contains 20 years of family correspondence, that your Bitwarden vault holds passwords worth thousands of euros in cryptocurrency, or that you run a profitable side business on Shopify.

This is the reality for thousands of Dutch citizens and expats: your testament is legally complete, but your digital legacy is completely unplanned.

Your notaris specializes in property law, succession rights, and tax-efficient estate planning. They went to university for years to understand Dutch inheritance law (erfrecht). But they weren't trained to help you plan for digital assets—because when most inheritance laws were written, digital assets didn't exist.

So who fills this gap? You do. And that means preparing now, before your family is devastated.

Why Your Notaris Can't Help (Yet)

Dutch law is remarkably progressive on many things. The Netherlands has some of Europe's most advanced data protection rules (GDPR compliance is strict), and Dutch courts have started addressing digital assets in inheritance disputes. But Dutch succession law—the rules a notaris actually works with—hasn't caught up to the digital economy.

Here's what a notaris can do:

• Draft a will that specifies who inherits your house, car, and bank account
• Minimize estate taxes through trusts and gifts
• Appoint an executor (erfgenaam)
• Create a Power of Attorney (Volmacht) for when you're alive

Here's what a notaris typically cannot do:

• Help you plan for your digital assets in a legally binding way
• Advise on cryptocurrency inheritance (tax treatment is still unclear in the Netherlands)
• Specify who should access your online accounts
• Create a mechanism for passing on passwords or two-factor authentication codes
• Address the intersection between Dutch law and US-based tech companies' terms of service

The result? You have a perfect testament for your physical assets—and no plan whatsoever for your digital ones.

The Dutch Expat Nightmare

If you're an expat living in the Netherlands, this gap is even wider.

You might have:

• A Dutch testament for your house in Amsterdam
• A German bank account (with inheritance rules under German Erbrecht)
• A US-based Stripe account running your freelance business
• Bitcoin stored in a hardware wallet (with no clear tax treatment in Dutch inheritance)
• A Gmail account that backs up family photos (impossible for your family to access without passwords)
• Life insurance with a US provider

When you die, Dutch notarissen and probate courts will handle your Dutch assets. But who handles the German account? The US Stripe funds? The Bitcoin? Each jurisdiction has different rules, and nobody has appointed anyone to coordinate them.

Your family will be left sorting through three different countries' inheritance systems—all while grieving.

What You Need to Do Now (Before You Meet Your Notaris Again)

You can't ask your notaris to plan your digital legacy, but you can prepare it yourself. Then present it as part of your overall estate plan.

1. Create a Digital Asset Inventory

Make a comprehensive list:

• Email accounts (Gmail, Outlook, iCloud) and how to access them
• Cloud storage (Google Drive, Dropbox, OneDrive, iCloud) and what's in each
• Cryptocurrency holdings (exchange accounts, hardware wallets, seed phrases)
• Online businesses (Shopify, Etsy, Wix, freelance platforms)
• Social media accounts (Facebook, Instagram, LinkedIn, TikTok)
• Subscriptions (Spotify, Netflix, Adobe, Microsoft 365)
• Domain names and web hosting accounts
• Financial accounts (PayPal, Stripe, Wise)
• Chat histories and messaging apps (WhatsApp, Telegram, Signal)
• Photos and videos (backups across multiple platforms)
• Passwords and authentication codes

Document everything. This list is the foundation of your digital legacy.

2. Store Passwords Securely (Not in Your Will)

Never write passwords or seed phrases directly in your testament. A will becomes public record after probate—anyone could access it.

Instead, use one of these approaches:

Option A: Encrypted Digital Vault Store your passwords in an encrypted service designed for inheritance, like LegacyShield. You designate a trusted family member as your Digital Executor. When you pass away, they can access everything they need without exposing passwords to the public.

Option B: Sealed Envelope Write down critical passwords and store them in a sealed, waterproof envelope. Give it to your notaris or to a trusted family member with instructions: "Open only after my death. The contents are in my digital asset inventory."

Option C: Password Manager with Emergency Access Use 1Password, Bitwarden, or KeePass. Give your spouse or children limited access now, or set up their emergency access feature so they can unlock it after your death.

3. Prepare Your Digital Executor Letter

Write a letter (separate from your testament) that explains:

• What digital assets you have and why they matter
• Who should be your Digital Executor (might be the same as your regular executor, or different)
• How to find your passwords or access your digital vault
• Which accounts should be closed, which preserved
• Whether any accounts have monetary value (Etsy shops, YouTube channels, rental income)
• Instructions for digital memorialization (some platforms let you create a memorial account)

This letter isn't part of your official testament—it's a practical guide for your family.

4. Review Two-Factor Authentication (2FA)

2FA protects your accounts while you're alive. But it's a nightmare after you die.

If your Gmail is protected by 2FA, your family can't access it even with your password. They'll need:

• Recovery codes (saved somewhere safe)
• A trusted phone they can use to receive SMS codes
• Or access to your authenticator app (Google Authenticator, Microsoft Authenticator, Authy)

Document how to handle 2FA for each account. Some services (like Google) have an "Inactive Account Manager" that lets you specify what happens to your data if you stop using the account for several months.

What to Tell Your Notaris

When you next meet with your notaris to update your testament or Power of Attorney, mention your digital assets. You might say:

"I have digital assets—email accounts, cryptocurrency, and an online business. I've prepared a separate digital asset inventory and appointed a Digital Executor. Here are copies for your records."

Your notaris probably won't be able to give detailed advice (unless they're one of the few who specialize in this). But they can:

• Acknowledge that your digital assets exist
• Help you think through who your executor should be
• Ensure your Digital Executor letter is stored safely alongside your testament
• Flag potential conflicts (e.g., if you appoint different executors for different assets, which one decides disputes?)

The Reality

Dutch law will eventually catch up. The EU is working on digital succession directives. Some countries (like Germany) are updating their inheritance laws to address digital assets explicitly. But this will take years.

In the meantime, your family needs you to plan. Not your notaris. You.

Start today:

1. List your digital assets
2. Appoint a Digital Executor
3. Store your passwords securely
4. Write a Digital Executor letter
5. Tell your family where to find everything

Secure your digital legacy now with LegacyShield — because your digital assets are just as important as your house.