With the rise in case law relating to access to a deceased
person's digital assets, it is evident that digital assets are
an important part of a person's estate and require attention
when succession planning.
According to a recent ruling by the Central London County Court,
Apple has been ordered to give a deceased's widow access to
4,500 photos and 900 videos that were stored on her deceased
husband's iPhone (the Digital Assets). The deceased was an avid
photographer and the Digital Assets mainly comprised of photos and
videos of his child growing up and of family times.
- Upon the deceased's death, the
deceased's widow visited an Apple store and was advised to
obtain a Grant of Probate in respect of the deceased's estate
in order to access the Digital Assets. Upon presenting the Grant of
Probate to Apple, the deceased's widow was further requested to
present a court order authorising Apple to grant her access to the
Digital Assets. Apple justified this through its