Apple users may be interested to know that Apple has recently introduced a new feature to its newer iPhone, iPad and Mac operating systems that allows users to nominate a person as their Legacy Contact. If you die your Legacy Contact can access data on your devices stored in your AppleID account, such as device backups, voice memos, calendars, photos, messages and more. Digital assets purchased using your AppleID account cannot be accessed, these include subscriptions, books, music and movies. Data stored in keychains such as payment information and account passwords are also off limits to your Legacy Contact.

Currently, if you have an Apple device that is locked with a passcode and/or is protected by password encryption and you have not nominated a Legacy Contact, then it’s Apple’s policy that your device (and its data) cannot be accessed without first erasing the device. It is possible in some jurisdictions such as Australia for your next of kin to submit evidence to Apple so your next of kin can get access to your data, but in most cases Apple will insist on that person obtaining a Grant of Representation or some other court order from the relevant Court before granting the access, and even then, access is not always granted – this is why the new Legacy Contact feature is so important.

When you nominate your Legacy Contact you can nominate one or more persons, but you cannot nominate what types of data they can access – it’s all or nothing (i.e. you cannot give access to photos but not calendars). If you nominate more than one person, your Legacy Contacts do not have to act jointly – this is not the same as when executors of your Will are appointed to act together and make decisions together. It is critical that you trust that your chosen Legacy Contact will treat and manage your data appropriately, and that you are comfortable with your chosen Legacy Contact accessing and dealing with your data. You can remove and re-nominate a Legacy Contact at any time. It is also important to note that your Legacy Contact only has access to your data for three (3) years from when the time access is granted by Apple, after which time the AppleID account (and its data) will be permanently deleted.

For more information about Apple’s Legacy Contact Feature and how to add a Legacy Contact, see more about Legacy Contact.

Apple’s Legacy Contact feature again highlights the importance of considering digital assets when estate planning. Often, digital assets (including digital currencies such as cryptocurrencies) are overlooked, meaning that when you die your family are left trying to put together the pieces of your digital asset history, confirm your digital assets and realising those assets as part of your estate. We cannot stress enough the importance of making sure you provide your executor with instructions regarding your digital assets, including providing account access details (account numbers and passwords) and also instructions about how those assets are to be dealt with (distribution instructions).

At MV Law our Wills and Estates team are experienced estate planners and can assist you with all your estate planning needs including dealing with your digital assets in your personal estate plan. Your personal estate plan will typically comprise at least a Will, an Enduring Power of Attorney and any necessary superannuation beneficiary nominations. As part of our estate planning services, we can provide you with a template ‘Information Pack for Executor’ which you can complete with your details (including digital assets) so your executor has all the necessary information should the worst occur.