Court Allows Use of Deceased’s WhatsApp Messages by Heirs, Urges Clear Will Instructions

A recent court ruling highlights the legal complexities surrounding digital inheritance, specifically the use of WhatsApp messages stored on a deceased person's mobile phone. The case involved a dispute between the son and other family members of a deceased woman and her widower, who was also her second husband. After her death, tensions escalated between the widower and the deceased's family, leading to mutual police complaints and restraining orders.

The son and two sisters filed a 2.7 million shekel civil lawsuit against the widower, his daughter from a previous marriage, and his new partner, alleging various offenses including defamation, harassment, theft, and emotional distress. Central to their claim was the assertion that the widower neglected and abused the deceased, contributing to her death. To support this, they submitted personal WhatsApp conversations between the deceased and the widower, extracted from her phone by her son after her passing.

The widower opposed the use of these private messages, arguing it violated privacy and amounted to illegal wiretapping. However, the court rejected these claims, ruling that heirs inherit not only physical possessions but also the deceased's personal and intellectual rights, including digital content on devices. Since the deceased left a will dividing her estate, with the son inheriting most assets, the son was entitled to access and use the phone’s contents.

The ruling underscores the growing importance of explicitly addressing digital assets in wills. Unlike in the past, when personal secrets were limited to physical documents, today most sensitive information resides on mobile devices. The court’s decision raises significant privacy concerns, as it allows heirs to access private communications without the deceased’s explicit consent. Legal experts recommend including clear instructions in wills regarding the handling of digital content to prevent disputes and protect privacy.

This case illustrates the evolving challenges of digital inheritance and the need for updated legal frameworks and public awareness about managing digital legacies.