Why French Inheritance Law Doesn't Know What to Do With Your Gmail

The Problem Nobody Told You About French Inheritance

You've lived in France for seven years. You've passed your attestation de résidence, registered with the local mairie, and learned to pronounce "successoral" without flinching. You even hired a notaire to prepare your will—the French way, proper and official.

But there's one thing your notaire probably didn't ask about: What happens to your Gmail account when you die?

French inheritance law—the Code Civil, refined over 230 years—has answers for almost everything. It divides your estate into portions. It protects your children's rights. It handles disputed assets with centuries of case law. But it was written when the most valuable "digital" asset was a handwritten letter in a drawer.

Now, in 2026, your digital assets might be worth more than your physical ones. Your Gmail contains your financial correspondence. Your cloud photos are irreplaceable memories. Your domain name is intellectual property. Your PayPal account has real money.

And French law has almost nothing to say about any of it.

The Notaire's Honest Silence

When you meet with your notaire to draft your testament, you'll receive impeccable advice on:

• How much goes to your spouse (the usufruit)
• How much goes to your children (the bare ownership)
• Tax optimization strategies
• Property division

But ask them what happens to your @gmail.com address, and you'll get a polite shrug.

Not because they're incompetent. Because French law simply hasn't caught up. Digital succession—succession numérique—exists in a legal black hole.

The Code Civil assumes that assets are either real property (immobilier) or moveable property (mobilier). Your house is real property. Your furniture is moveable. Your Google account? The law doesn't know. It has no category. It has no default rule.

This matters because it creates uncertainty. And uncertainty in French law means your heirs face:

• Months of delay while lawyers debate whether a court order is needed
• Potential loss of access if email platforms change their policies
• Unauthorized account closures by tech companies that don't recognize French inheritance law
• Confusion about what's legally yours versus what's contractually restricted

How French Law Actually Treats Digital Assets (Sort Of)

The French government has noticed this problem. In 2016, new provisions were added to the French Consumer Code (Code de la Consommation) regarding "digital succession"—but the rules are vague.

Here's what technically applies:

Right to Information (Article L. 213-1-1):

• Your heirs have the right to know which digital services you used
• Service providers (Google, Apple, Facebook) must disclose account information to heirs
• BUT: Only after you provide instructions or your estate proves legal authority

Right to Deletion:

• Your heirs can request deletion of your digital presence (the "right to be forgotten")
• This is sometimes easier than gaining access
• But it's irreversible—and many families regret it

Contractual Terms Override the Law:

• Tech companies' terms of service (ToS) are often stricter than French law
• Google's policy: "An account is personal and should not be shared with others. If you pass away, we'll do our best to help your family."
• Apple's policy: Even stricter—only Legacy Contact can access, and only if you set it up beforehand
• Result: The tech company's policy—which you probably never read—is stronger than French law

The Notaire Problem (And It's Not Their Fault)

French succession relies on the notaire. They're the gatekeeper. They authenticate wills, they manage estate division, they handle the formal paperwork that makes French succession work.

But notaires are trained in property law, tax law, and contract law. They're not trained in digital asset management or tech company policies. They have no mechanism to handle digital-only assets.

This creates a weird situation:

• You hire a notaire to manage your €500,000 estate
• Your €150,000 rental property is perfectly documented
• Your €80,000 in bank accounts are perfectly documented
• Your €50,000 worth of crypto in a hardware wallet? Your notaire can do nothing with it
• Your domain names worth €10,000? Still unsolved
• Your Google Photos with 20 years of irreplaceable memories? Your notaire won't even mention it

The Expat Complication

If you're an expat in France, it gets worse.

You probably have:

• A bank account in France
• A will filed with a French notaire
• French property
• BUT also: A Gmail account (US-based), a UK PayPal account, maybe cryptocurrency, a domain registered in the US, cloud storage in multiple countries

When you die, which law applies?

French law might say: Your notaire manages your French assets. US law might say: Google handles your Gmail. UK law might say: PayPal follows their own policies. EU data protection law might say: GDPR gives data rights that may (or may not) transfer to heirs.

Your family ends up hiring lawyers in three countries just to understand what they own.

What Actually Happens in Practice

Let me walk you through a real scenario:

You die. Your heirs find a list of accounts in your safe (if they're lucky—most people don't even do this).

They bring this list to the notaire. The notaire says, "We'll handle your bank accounts and property. For the digital stuff, you need to contact the companies directly."

They email Google with a death certificate. Google replies: "We're sorry for your loss. Please provide a legal document proving you're the heir." (They want a notarial excerpt of the will, translated into English, certified, and authenticated.)

Two weeks later, they send it. Google replies again: "Thank you. If the account holder has set up Legacy Contact, we can transfer the account. Otherwise, we can delete it or memorialise it. We cannot grant access to heirs without Legacy Contact being pre-configured."

Your heirs now realize: You never set up Legacy Contact. So they get zero access. All your photos, all your emails, all the evidence of your financial transactions—gone.

They contact a lawyer who specializes in international digital rights. The lawyer says, "Technically, we could argue that French succession law applies and that your heirs have inherited digital assets. But we'd need to go to court, and Google will fight us. It could take 2-3 years and cost €15,000."

Most families, at this point, just accept the loss.

The French Legal Arguments (That Might Not Work)

Here are the arguments lawyers actually use in France to try to establish that digital assets pass to heirs:

Argument 1: Digital Assets Are Moveable Property

• Under French law, anything that's not real property is moveable property
• Email accounts are "incorporeal moveable property" (biens mobiliers incorporels)
• They should pass to heirs like any other moveable property
• Reality: Courts haven't ruled on this. Tech companies ignore this argument.

Argument 2: Email Is Essential for Managing the Estate

• Your email contains financial correspondence
• Your heirs need it to handle taxes, pensions, and creditor claims
• Therefore, access is necessary to execute the succession
• Reality: Courts have sometimes granted temporary access on this basis, but it's slow and uncertain.

Argument 3: GDPR Data Portability Rights Extend to Heirs

• Under GDPR Article 20, you have the right to data portability
• Some argue this right extends to heirs after your death
• EU regulations on data protection should support digital legacy
• Reality: The CJEU (European Court of Justice) hasn't ruled definitively. It's still evolving.

Argument 4: The Data Is Necessary for the Succession Tax

• French tax law (Impôt sur les Successions) requires an inventory of all assets
• Digital assets are assets
• Therefore, heirs need access to inventory them
• Reality: The tax authority and courts have ignored this argument so far.

What the Government Says It Will Do

In 2021, the French Ministry of Justice published a consultation on "digital succession." The response was overwhelmingly positive: People want clarity.

The government promised new regulations. It's now 2026, and... nothing has passed.

The European Union published a recommendation in 2024 on digital legacy (Recommendation 2024/C 152/01). It suggests that:

• Member states should clarify inheritance rules for digital assets
• Tech companies should provide tools for legacy access
• Users should be able to designate heirs before death

But recommendations are not laws. France hasn't enacted new legislation. The Code Civil is still silent.

Meanwhile, Germany has already started adapting (Erbrecht), Italy is developing frameworks (successione digitale), and the Netherlands is treating digital assets more pragmatically. France? Still waiting.

What You Should Do TODAY

If you're an expat in France, don't wait for the law to catch up:

Step 1: Set Up Legacy Contacts NOW (Before You Need Them)

• Apple Legacy Contact (for your Apple ID and iCloud)
• Google Inactive Account Manager (for Gmail, Photos, Drive)
• Facebook Legacy Contact
• Microsoft Account Recovery Contact
• Do this while you're alive. Your heirs cannot set this up after your death.

Step 2: Document Your Digital Assets

• Create a list of every digital account: email, cloud storage, domains, cryptocurrency, PayPal, online banking
• For each one, note:
  • The login (email/username)
  • Where the password is stored
  • Who should have access after you die
  • Whether it contains financial information, memories, or business assets

Step 3: Create a Digital Succession Plan

• Separate from your testament, create a "instructions numérique" (digital instructions)
• Include passwords, recovery codes, and account access information
• Store this in a secure location your family knows about (not your email!)
• Make it part of your notarized estate planning

Step 4: Tell Your Notaire—Even If They Don't Fully Understand

• During your testament preparation, explicitly mention your digital assets
• Ask your notaire to include a clause appointing a "digital executor" (curateur numérique)
• Even if French law doesn't fully support this role yet, it creates a paper trail and your intentions are clear
• If your family later goes to court, the judge will see you wanted someone responsible

Step 5: Use a Secure, Localized Digital Legacy Service

• Services like LegacyShield let you securely store and manage your digital assets
• You control who gets access and when
• Everything is encrypted and verified, so your family doesn't face platform delays
• This is not a substitute for French legal succession—it's a complement

The Real Risk

Here's the uncomfortable truth: Your notaire cannot help you with your digital legacy. Not because they're unwilling, but because French law hasn't given them the tools.

Meanwhile, your digital assets are growing. You have more photos in Google Photos than in physical albums. You have more money in Wise or Revolut than in cash. You have more memories in WhatsApp than in letters.

All of this—under current French law—is legally ambiguous. Your heirs might get access. They might not. It depends on the company, the jurisdiction, and which lawyer you hire.

The only way to ensure your digital legacy is secure is to plan for it yourself, right now, while you're alive.

You don't need to wait for the Code Civil to be updated. You don't need to hire an international lawyer. You just need to:

1. Set up legacy contacts
2. Document your assets
3. Secure your passwords
4. Ensure your family knows where to find everything

Next Steps

Your notaire will handle your house. Your bank will handle your accounts. But nobody—not the government, not the tech companies, not the courts—will take responsibility for your digital legacy unless you do it first.

Start securing your digital legacy today — because your family shouldn't have to wait for French law to catch up.