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ARTICLE · 20 JUNE 2019

Managing Access To Your Digital Assets: A Closer Look

For example, Google allows users to nominate a person who can access their account upon their demise.

KenyaTechnology

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

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