Passwords and passkeys go hand in hand with sensitive and confidential information - emails, bank accounts, digital assets, and data stored on the cloud. From having one password for everything (definitely not recommended!), to separate passwords for each account, the amount of data that we have which is only kept digitally, and not on paper, is growing.
Whilst this may be good from an environmental perspective, it can complicate matters when someone dies.
The problems with digital accounts when executors need access
We recently acted for executors of an estate who needed access to the deceased’s iCloud account for data relating to his digital assets, and the rights to them. The ownership of a large number of digital copyrights was in dispute. Access to the Apple devices and iCloud was necessary to determine ownership, and as a result, determine what exactly was in the estate for its ongoing administration.
The deceased used a “one password” system on his Apple devices, the details of which were not known by his friends or family. As such, the executors were unable to access the iCloud. Due to Apple’s terms and conditions, it would not allow access to our clients without an Order from the Court. It should be noted that providing a Grant of Probate, or a Grant of Letters of Administration (in estates without a valid Will), is not sufficient to fulfil Apple’s criteria for a court Order.
We have also acted for another personal representative of an estate who wanted to have the photographs stored on the deceased’s iCloud, and did not have access.
How we helped
An application to Court was made requiring Apple to grant our clients’ access to the deceased’s Apple account. This was eventually achieved by agreement.
As much as we are advised not to share our passwords, the above is an example of the issues we can face if the people administering an estate cannot access our digital data. An application to Court incurs legal costs, which are paid by the estate, and can significantly increase the time taken to administer an estate.
Whilst the common advice is not to share your passwords in order to protect your data, by failing to have a back-up plan, it could cost your estate time and money. So, whether you write your passwords down and keep them in a secure location, or tell your legal advisor (and keep them updated if you change the passwords), the above example is worth bearing in mind.
Apple also provide its users with an option to create a “Legacy Contact”, which allows you to designate someone to access your iCloud data after your death. You provide your designated person with an access key, and they can contact Apple with this key and a copy of your death certificate. Once the information is verified, Apple will then grant access to your iCloud data.
If you are an executor or an administrator of an estate who needs access to a deceased’s data, please do not hesitate to contact one of our team, who will be happy to help.