Cumbrian lawyer takes on Apple to grant widow access to husband’s ‘digital assets’

After a protracted legal wrangle to grant a widow access to her deceased husband’s online photos, a lawyer is urging people to make sure they pass on their ‘digital assets’ to loved ones on death.

Rob Winder, a Senior Associate with Cartmell Shepherd Solicitors, has issued a plea to people to implement measures enabling loved ones to access their online and social media accounts after their passing.

It comes after he successfully represented a widow in her dispute with global giants Apple to gain access to her late husband’s account to retrieve sentimental photos and videos.

Apple has strict privacy guidelines in place to prevent people accessing other accounts, and the woman’s request ended up in legal proceedings through the courts.

After a twelve-month dispute, Rob’s client was granted a Court Order ordering Apple to assist her to retrieve the password-protected files.

Following the successful outcome, Rob is recommending people take steps to ensure their loved ones don’t have to go through such a prolonged and upsetting process in future.

He said: “In today’s increasingly digital world many of us own a variety of digital assets, more commonly social media profiles, photos and videos in the Cloud and even cryptocurrencies. But a lot of people don’t understand that the process of inheriting and gaining access to these assets can be complex as it involves legal, technical and privacy concerns.

“In this particular case I represented a client who couldn’t access her deceased husband’s Apple ID account and, even though she was the Executor of his Will, Apple would not provide her with the password. Apple, quite rightly, treats its users’ privacy and security seriously so accessing a deceased person’s account can prove tricky.

“To avoid situations like this, Apple and other platforms, such as Facebook, have in place Legacy Contact policies which allow users to nominate a person who will be able to access their accounts on death.

“Not many people are aware of this feature but it’s such a simple step to take and setting it up as soon as possible can help prevent any further upset and stress when someone dies.  

“Online Contact legacies can almost be as important as writing your Will and passing other assets to your family or friends, and people need to place more priority on them.”

Rob says that the passing on of your digital assets, such as your Apple ID, should be part of your estate planning, and people should consider keeping their passwords for digital accounts in the same place as their Will.

And, just as he would recommend on writing a Will, the time to consider digital assets is sooner rather than later.

He said: “My advice is if you haven’t yet set up any Legacy Contacts or thought about how your accounts should be managed after your death, now’s the time to act. After all, your digital life is an important part of your legacy, and taking steps to protect it can save your family members a lot of hassle down the line.

“For any other digital assets make sure your account details and passwords are stored safely such as with your Will so that those you leave behind can deal with them more easily on your death.

“We never know what is around the corner, so you should consider taking steps now rather than putting it off into the future.

“While the team at Cartmell Shepherd and I are on hand to assist with any legal disputes to retrieve digital assets, we would much rather you take steps to prevent any issues arising in the first place.”

Rob specialises in dispute resolution for Cartmell Shepherd Solicitors which has seven offices across Cumbria and Northumberland.

He can be contacted at rob.winder@cartmells.co.uk or 01288 516666.