8 February 2021
In China, WeChat, Weibo, and Alipay have become an indispensable part of most people's lives. Since both WeChat and Alipay have payment attributes, users usually deposit funds in these accounts. How should the family inherit these non-physical properties when the family members pass away and do not have the account password?
First of all, the intangible assets in the digital heritage include not only WeChat and Alipay, but also the consumer or entertainment software accounts of a large number of docking banks such as Taobao and JD. Users may store a large number of valuable assets such as digital assets or virtual currencies. From the legal concept, non-physical property is a kind of "property right". Family members naturally have the right to inherit property rights. However, each company has different policies regarding the requirements for inheritance of these accounts, and family members need to pay extra attention.
The customer's money in Alipay belongs to the customer. Even if the user dies, the platform will strictly abide by the relevant regulations and will keep the money and the generated income for the user until the heir comes to withdraw it. The successors can redeem products such as Yu'ebao, funds, insurance and other products purchased through Alipay. Correspondingly, if there are debts such as huabai and borrowing, they must also be borne. According to the inheritance law, the successor in line can bring ID card information, proof of identity relationship with the account holder, and death certificate of the account holder to raise and distribute the property in the account. If there is a problem in the application process, the individual can file a lawsuit to the court, hire a lawyer, and the lawyer can apply to the court for an investigation order. With the identity card number of the deceased, he can apply for an investigation at the Alipay Building in Hangzhou, such as all Alipay details and balances. If the relevant company does not cooperate, it can also apply to the court for enforcement.
WeChat is consistent with Alipay. The official stated that the account subject shall not inherit, and the ownership of the WeChat account belongs to Tencent. If a user does not log in to the account for a long time after registering a WeChat account, Tencent has the right to reclaim the account, and any losses caused by this shall be borne by the user. WeChat account balances and transaction details can be submitted by the parties or applied to court for investigation and evidence collection. Generally, in inheritance disputes, if the parties claim to inherit the WeChat funds in the name of the decedent, they should submit the WeChat transaction details before the life of the deceased to confirm the balance of the WeChat account that should be divided as the inheritance.
Most accounts involving funds in China have a mode of use and separation of ownership, and there may be some difficulties in obtaining password accounts. Therefore, if digital property is successfully left to living relatives, it is best to do the following two points:
① Regular confirmation through third-party software or platform settings, and the system will send the social platform account password to family members if you have not logged in or confirmed for a long time;
② Use other media (hardware) to backup and save these key passwords and accounts through multiple channels.