Inaccessibility of Digital Assets

Digital estate planning is becoming an increasingly common practice.  However, security measures of internet and technology corporations have the potential to disrupt the implementation of a testator’s plans.

recent news article tells the story of a woman named Anthea Grant, who purchased an iPad for use during two years of cancer treatment.

The device was used primarily for entertainment during chemotherapy sessions and for video communication with Anthea’s sons, Josh and Patrick.

After Anthea’s death, her sons realized that they did not know their mother’s Apple account password.  Anthea’s sons are the sole beneficiaries of her Estate.  There is no controversy with respect to the sons’ right to possess the device.  However, Josh and Patrick have been unable to obtain access to the tablet to see if it contains any relevant information.

After providing their mother’s death certificate, a copy of her Last Will and Testament, and a letter from their solicitor, as had earlier been requested, Apple is now asking for Anthea’s written  instructions that Josh and Patrick are authorized to access her account.  As this is no longer an option, Apple recommends that the brothers obtain a court order to prove that Anthea was the owner of the iPad and Apple account, citing the American Electronic Communications Privacy Act as its rationale in denying access.

While Anthea’s sons do not wish to incur the legal fees necessary to obtain a court order for the release of the Apple account information, they wonder if the iPad contains any digital assets of any financial or sentimental value.

A digital estate plan frequently facilitates access to computer accounts, with a list of all accounts and login information.  Had Anthea created a digital estate plan, including such information, this issue would not likely have emerged.  Nevertheless, legislation in Canada and elsewhere remains an outdated barrier that should be amended to address the prevalence of digital assets in estate planning and administration.

Thank you for reading.

Academic Articles and Papers

Academic Articles and Papers

  • In 2013, an article titled: “Facebook after death: an evolving policy in a social network” by Damien McCallig was published.
  • In 2013, an article titled: “Coping Online with Loss: Implications for Offline Clinical Contexts” by Joanna Pawelczyk was published. Thank you Dr. Carmel Vaisman for sending me the link.
  • In May 2013, Maria Perrone’s article: “What Happens When we Die: Estate Planning of Digital Assets” was published.
  • In May 2013 an article by Jed R. Brubaker, Gillian R. Hayes, and Paul Dourish was published, titled: “Beyond the Grave: Facebook as a Site for the Expansion of Death and Mourning“.
  • paper titled “Digital Afterlife: What Happens to Your Data When You Die?” was published in May 2013, by Stephen S. Wu.
  • In May 2013 a paper titled “Digital Estate Planning: Is Google Your Next Estate Planner?” was published, by Jamie Patrick Hopkins.
  • In April 2013, the paper “Afterlife in the Cloud: Managing a Digital Estate“, also by Jamie Patrick Hopkins, was published.
  • In February 2013 a paper titled “What happens to my Facebook profile when I die?” : Legal Issues Around Transmission of Digital Assets on Death” was published by Lilian Edwards and Edina Harbinja. Thank you Paul Golding for sending me the link.
  • Since September 2012, the article “There Isn’t Wifi in Heaven!” – Negotiating Visibility on Facebook Memorial Pages by Alice Marwick and Nicole B. Ellison is available online for free download. Thank you Dr. Carmel Vaisman for sending me this link.
  • In 2012, an article titled “Grief-Stricken in a Crowd: The Language of Bereavement and Distress in Social Media” was published, by Jed R. Brubaker, Funda Kivran-Swaine, Lee Taber and Gillian R. Hayes.
  • In 2011, the article “”We will never forget you [online]”: An Empirical Investigation of Post-mortem MySpace Comments” was published, by Jed R. Brubaker and Gillian R. Hayes.
  • In 2011, the article “Security and privacy considerations in digital death” was published by Michael E. Locasto, Michael Massimi and Peter J. DePasquale.
  • In 2010, Jed R. Brubaker and Janet Vertesi’s paper “Death and the Social Network “was published .
  • In 2008, the current term “Digital Legacy” was then referred to as “Digital Heirlooms” and an article titled: “On the Design of Technology Heirlooms” was published by David Kirk and Richard Banks.
If you come across any other papers or articles, please be so kind as to send me the link, so I could add them to the list (with credit to you, of course). Email: death.in.digital.era@gmail.com, Facebook page: Digital Dust.