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Widower denied access to late wife’s iPhone contents

30 September 2024

The sad case of Martyn Hall and his deceased wife Lynn has been covered in the news recently and highlights the importance of planning for what might happen to your digital assets when you pass away.

Lynn died unexpectedly on 1st September, having suffered a brain haemorrhage.

Her husband Martyn had planned to create a slideshow of photographs to display at his wife’s funeral, including some photographs of their wedding. He had also hoped to include some of Lynn’s favourite hymns and songs in the funeral service.

However, Lynn’s photos and music are stored on her iPhone, which Martyn doesn’t know the passcode for, and therefore cannot access.

Martyn, in an interview with the BBC, explained that music was a big part of Lynn’s personality and her life, so not being able to access it is very upsetting: “I’m feeling at the moment I’ve got a big hole that I can’t fill with everything that’s stored on that phone”.

Some of Lynn’s friends’ contact details are also stored on her phone and, without access, Martyn has been unable to contact them to let them know she’s passed away.

Apple told Martyn that it considers privacy to be a fundamental human right, and if the code to access Lynn’s phone were to be reset, the contents of her phone would be wiped.

They also said that they provide for Legacy Contacts to be chosen, who then have access to the data for a limited time (three years from when the legacy account request is approved by Apple). After this time has elapsed, the account is permanently deleted.

However, if there is more than one Legacy Contact, each of them individually can make decisions about the account data, including permanently deleting it, accidentally or otherwise. A unanimous decision, or prior consultation, is not required, so it’s not a fail-safe system.

Martyn and Lynn’s story is not unique, and the Digital Devices (Access for Next of Kin) Bill is currently making its way through Parliament, aimed at giving grieving families the legal right to access a deceased loved one’s digital assets, such as photos and videos, without needing court orders or facing resistance from tech companies, obliging them to unlock devices when no access code is available.

Some digital assets aren’t only of sentimental value; they can be of financial value, such as the Instagram accounts of social influencers which can generate significant income, or investments in cryptocurrency, so their importance shouldn’t be overlooked or underestimated.

What can I do?

We advise that you investigate the terms and conditions of your digital service providers and make use of any legacy-planning tools offered, such as Apple’s and Facebook’s Legacy Contact facility, or Google’s Inactive Account Manager.

Passwords or keys to cryptocurrency can be stored in a third-party facility, with access limited to the owner and those to whom they have granted access, often described as a digital assets vaults.

But for the best and most up to date advice on preserving and passing on your digital assets, contact our Private Client Team. We would be delighted to help and put your mind at rest.

To arrange an appointment:

(https://www.bbc.co.uk/news/articles/cwyegzpx45xo)

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.