This month, we’re blogging on the treatment of digital in estates matters. One issue that an estate trustee may encounter after death is accessing the computer of a deceased individual. This may be especially important if the computer contains digital assets such as a Bitcoin wallet or other intangible assets of the deceased.
In this article, we’ll walk you through some considerations with respect to Apple computers or mobile devices and how an estate trustee may gain access.
Can Apple help to unlock an iPhone or computer after the death of an individual?
Unfortunately for estate trustees, Apple is not able to assist in unlocking Apple devices as these devices are protected by password encryption. Apple has famously opposed court orders requiring it to unlock Apple devices, including those made by the FBI. The only assistance that Apple appears to be able to offer according to their official policy would be to help wipe the device and remove the activation lock such that the device can be re-used or sold.
Apple can however assist in providing access to an individual’s Apple ID account. This account may include photos and messages saved to iCloud. Access to an Apple ID account may also allow you to access a locked Apple computer if that computer was setup using the individual’s Apple ID Account. There does not appear to be a similar process for iPhones or iPads, though.
This does require a court order, and it is unclear as to whether Apple would accept a court order from Ontario or if a U.S. court order would be required. Apple indicates that the court order must specify:
- The name and Apple ID of the deceased person.
- The name of the next of kin who is requesting access to the decedent’s account.
- That the decedent was the user of all accounts associated with the Apple ID.
- That the requestor is the decedent’s legal personal representative, agent, or heir, whose authorization constitutes “lawful consent.”
- That Apple is ordered by the court to assist in the provision of access to the decedent’s information from the deceased person’s accounts. The court order should be addressed to the relevant Apple entity.
As you can expect, this would be a costly endeavour and could be avoided with the right estate planning.
How should I plan for transferring access to my Apple devices prior to death?
There are a variety of different ways that you can plan for what will happen to your digital assets after your death.
Apple has recently introduced the concept of a Legacy Contact that can be setup to provide access to an individual after your death. The individual will provide Apple with the access key you provide them as well as a copy of your death certificate to gain access to the Apple ID account. However, this process only allows an individual to access the Apple ID account and not a physical computer or phone.
Another less sophisticated option is to include usernames and password with your estate planning documents and to include a digital asset access clause in the will. However, it is important that the actual usernames/password are not included in the will as this document may be in the public record if it is probated.
Finally, there are a variety of tools that can help facilitate the transfer of passwords, including those with a “dead man switch” that will notify an individual of your account logins if you fail to respond to an email or notification.
As technology is constantly changing over time, it is critical to regularly reevaluate your estate plan and ensure you have a plan in place to transfer access to your digital assets after your death.
Thanks for reading.