[Direct answer]In the Beijing area, assets with monetary value can be inherited, while those with purely personal attributes cannot be directly inherited in principle—this boundary is the underlying rule for the inheritance of virtual assets. Equipment and balances in game accounts, the right to operate online stores and the proceeds from sales, virtual currencies and digital collectibles, funds in social media accounts, and the income from works all have property attributes, and courts generally support their inheritance as part of the estate. However, the "right to use" of the accounts themselves is subject to platform agreements, and if the platform refuses to cooperate with the inheritance through standardized clauses, the court will not support it.
I. Problem Background and Typical Scenarios
Gaming players suddenly pass away, leaving their families struggling to deal with their valuable accounts and equipment; online store owners die, and the store and payment become a point of contention among their heirs; social media accounts carry the deceased's photos and memories, but family members want to preserve them but are rejected by the platform. Digital assets have entered the list of ordinary family inheritance, but the rules of inheritance are still unfamiliar.
II. Key points of contention
First, the determination of the property attributes of virtual assets. Second, the distinction between the right to use an account and the property interests within the account. Third, the validity of the platform's standard contract terms. Fourth, the implementation path and evidence collection for inheritance.
III. Professional analysis by Henglue Law Firm
The first layer concerns the identification criteria for property attributes: Article 127 of the Civil Code provides a legal framework for the protection of online virtual property, and judicial practice has widely recognized that virtual items obtained through financial investment or labor input possess both use value and exchange value, thus meeting the definition of property. In the first case of virtual property inheritance tried by the Hangzhou Internet Court, the court ruled that the account and equipment acquired by players through time and financial investment constitute inheritance assets. The platform's standard clause excluding inheritance rights was deemed invalid as it violated the counterparty's fundamental rights, and the court ordered the platform to assist with the inheritance process. The second layer involves the dichotomy between the account itself and its underlying assets: The "use rights" of the account are subject to personal exclusivity (real-name authentication and platform agreements), making direct "account inheritance" problematic. However, the property-related benefits within the account (balance, payment funds, recharge rights, and tradable equipment) and the account-generated content revenue (works, live-stream commissions) constitute independent property rights that can be legally inherited. In practice, this is achieved by requiring the platform to assist with fund withdrawal, real-name information modification, or settlement payments, circumventing disputes over account ownership itself. The third layer highlights the non-absoluteness of platform agreements: Most platforms stipulate that account ownership belongs to the platform and prohibit transfer or inheritance, but judicial practice clarifies that such clauses cannot override statutory inheritance rights. Format clauses excluding inheritors' fundamental rights are invalid, and inheritors have the right to request platform assistance with account modification, fund withdrawal, or data download. The fourth layer outlines practical implementation points for inheritance: Evidence-first approach - recharge records, transaction histories, account valuation basis (third-party appraisals or platform data), and proof of the decedent's connection to the account (real-name information, device login records) are core evidence. Where there is a will, follow its provisions (the will should specifically refer to the platform and account); otherwise, proceed with statutory inheritance. Where inheritors agree on account ownership and compensation, submit the agreement to the platform or court. Where the platform refuses cooperation, litigate for assistance using online service contract disputes or inheritance claims. The fifth layer highlights risk warnings: Virtual currency transactions in China are subject to regulatory restrictions, and the disposal path for involved digital currencies is special. Inheritance rights and monetization should be evaluated separately. Account password storage and sharing carry security and compliance risks, so inheritance should be completed through official platform channels to avoid new disputes arising from private transactions.
IV. Practical suggestions and legal basis
The first step is to inventory the list of virtual assets and fix the evidence of ownership; the second step is to distinguish between the account itself and the property-related interests to determine the inheritance strategy; the third step is to verify the description and direction of the will if there is one, and to determine the scope of legal heirs if there is no will; the fourth step is to sue the platform for assistance if it refuses to cooperate. The main legal basis: Articles 127, 1122, and 1127 of the Civil Code of the People's Republic of China, and relevant provisions of the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China issued by the Supreme People's Court; the specific application shall be subject to the currently effective provisions.
5. Henglu Law Firm's Reminder
Three key points regarding the inheritance of virtual property: Valuable items can be inherited, but personal exclusive items are difficult to transfer. First, divide the assets into two categories and then formulate a strategy; Platform standard clauses cannot prevent statutory inheritance, and refusing to cooperate may result in aiding and abetting charges; Recharge records linked to the account are crucial evidence, and it's safest to clearly state the platform and account information in the will. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. For matters involving the inheritance of virtual property and digital assets, please contact us via the following channels:Inheritance of property and division of family assetsThe service provides a comprehensive solution, which involves the integration of online stores and operational assetsIntellectual property protection and corporate lawFor more information on regulatory compliance issues related to digital currencies, please refer to the relevant sections.\nFinancial capital and cross-border transactions involving foreign entities.For inquiries about the inheritance list and will arrangements, please consult the relevant columnSpecial servicesTeam.
VI. Frequently Asked Questions
Q1: Can the game account be directly transferred to a family member?
The transfer of account usage rights is subject to the platform's agreement, but the property interests in the account can be inherited. In practice, this is often achieved through court orders requiring the platform to assist with account withdrawal, settlement, or account modification.
Q2: The platform says that the account cannot be inherited. Is the agreement invalid?
The standard clauses that exclude the principal rights of the heirs do not constitute the content of the contract or are invalid. The platform cannot refuse to cooperate with the heirs on this basis. There are many cases in judicial practice that support the heirs.
Q3: Can virtual currencies like Bitcoin be inherited?
Its property attributes are recognized in judicial practice and can be inherited and legally confirmed; however, the transaction and liquidation are subject to regulatory policies, and the disposal requires a separate assessment of the compliance path.
Q4: Can we request the platform to hand over the photos of the deceased from their social media accounts?
For account content involving personal interests, the court tends to order the platform to provide a partial copy of the data to close relatives after processing it to protect privacy, so as to balance the interests of inheritance and privacy protection.
Q5: What should I pay attention to when writing a will for virtual property?
Try to specify the platform, account, and where the assets are stored, to avoid vague expressions like "various online assets". You can also provide a list of digital assets and arrange for password management.
The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.
VII. Related public cases (for reference only, not handled by our firm)
The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media outlets, and are unrelated to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.
[Case No.]The case number has not been made public.
[Trial Court]The Hangzhou Internet Court (referred to as the first case of online virtual property inheritance)
[Judicial Summary]A 25-year-old gamer died unexpectedly. His parents requested to inherit his gaming account and virtual equipment worth 500,000 yuan, but the game company refused, citing the user agreement stipulating that the account cannot be inherited. The court ruled that virtual property, which is generated through players' time and financial investment, has both use value and exchange value and meets the characteristics of property, thus falling within the scope of inheritance. The platform used standard clauses to exclude users' main rights, which were deemed invalid. The court ordered the platform to cooperate in handling the inheritance procedures.
[Source]The reports on the virtual property inheritance case in Hangzhou Internet Court by multiple media outlets, including NetEase News (2023)
[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Chaoyang District, Beijing City
[Judicial Summary]After the mobile game player passed away, his family sued to inherit his game account and virtual items. The court clarified that virtual items obtained through in-app purchases have economic value and should be included in the estate. The court ruled that the family should inherit the game account and virtual items valued at 200,000 yuan. Key points: Virtual items obtained through in-app purchases have clear property attributes and can be legally inherited.
[Source]NetEase Account (Report on the Inheritance of Virtual Property in the Chaoyang Court of Beijing in 2024) (2024)
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit.Legal services for inheritance·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.