Families are still having to “battle” tech companies to access the digital assets of loved ones after death, warns TWM Solicitors, a leading private wealth and family law firm.
In a digital-first world, relatives can face significant barriers when trying to access personal data such as messages, photos, videos and emails. Simply being named as the executor in their Will is not enough to grant families access to a deceased person’s digital belongings.
Stuart Downey, Partner and Head of the Will, Trust and Estate Disputes team explains: “Most people assume that once probate is granted, executors can access everything the person owned. That simply isn’t true with digital assets.”
“Families are often shocked to discover they cannot access photographs, messages or other deeply personal content. At an already difficult time, that can be devastating.”
The issue extends beyond sentimental items. Email accounts can hold important information about where an individual’s financial assets are held, such as investment accounts and pensions, as well as vital correspondence. Without access, crucial details can be missed, and some valuable assets may be lost for good.
Access to digital accounts is determined by the platform provider’s terms and conditions. Technology companies ultimately decide what information can be released, what evidence is required and whether access is granted at all.
Stuart Downey says: “Some platforms allow you to plan ahead. For example, Apple and Meta let users nominate a legacy contact so that data can still be accessed after death.
“But if those arrangements are not made in advance, access is far from automatic. Accounts can remain locked indefinitely and may eventually be deleted after periods of inactivity.”
Access rules also vary significantly between providers. To obtain data from a Microsoft Outlook account, a court order is typically required, creating further delay and cost.
Increasingly, details of people’s financial lives are held entirely online. If electronically held details of investment accounts or crypto accounts are lost, the assets may be irretrievable — even where beneficiaries are clearly named in a Will.
Digital assets like cryptocurrencies, where access depends entirely on private keys or passwords, have become increasingly popular. If these are not shared or recorded, the assets may be lost entirely, often the only visible footprint of cryptocurrencies is within people’s personal email accounts.
Stuart Downey adds: “We are already seeing cases where crypto assets are effectively lost because no one else can access them.
“As more of people’s financial lives move online, the risks extend far beyond sentimental items to assets with significant financial value.”
He adds that the legal framework has yet to catch up with the realities of modern life: “Much of the law around probate was developed in a very different era. It was not designed with encrypted wallets, cloud storage or global tech platforms in mind.
“As more of our personal and financial lives move online, both individuals and the legal system need to adapt.”
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