As of the release of iOS 15.2, December 13, 2021, Apple released a new feature for its users, “Legacy Contacts”.[1] Historically, estate fiduciaries could receive this information with a court order, but the new process is designed to minimize the expense of time and money associated with getting access to a decedent’s account information. So, while these steps are optional, they may also be prudent to ensure access to highly sentimental digital assets and to minimize costs.
What is a Legacy Contact (Apple Context)
A Legacy Contact is a designated individual whom a person chooses to have access to data in that person’s Apple account after their passing.[2]
What Data is Available
The accessible data may include photos, messages, notes, files, downloaded applications, device backups, and other data. Other types of data are not accessible through Legacy Contact, such as movies, music, books, or subscriptions purchased with the decedent’s Apple ID, as well as data stored in a user’s Keychain such as payment information, passwords, and passkeys.[3]
Why Might this Information be Important
Of primary importance here we note the importance of being able to access photos, messages, notes, and files. There may be information of personal or emotional significance, such as sentimental photographs, videos, or messages. Notes and messages may also help provide valuable evidence of legal and financial matters, such as identifying debts or other agreements not otherwise readily accessible by the estate fiduciary. While perhaps not the greatest way of storing the information, discovery of critical accounts and passwords could be helpful as well. Legacy data may also yield valuable insight as to creditor identities and clues related to otherwise unknown assets, such as hidden accounts, safety deposit boxes, or digital assets like cryptocurrency wallets. There may also be information vital to business continuity such as notes, files, or other communications crucial for outstanding business operations, contracts, or projects.
Prerequisites for Adding a Legacy Contact
To add an individual as a Legacy Contact for your Apple ID, the person designating the Legacy Contact will need:
- An Apple device running iOS 15.2, iPadOS 15.2, or macOS Monterey 12.1 that the person designating the Legacy Contact is signed into with their Apple ID;
- Two-factor authentication turned on for the Apple ID; and
- To be over the age of 13.
How to Designate Legacy Contacts
NOTE: This section may become obsolete as Apple updates its processes and systems.
A person may designate a Legacy Contact on either their iOS/iPad device or a Mac.
If using an iOS/iPad device:
- Go to Settings and tap your name;
- From there, tap “Sign-In & Security” then tap “Legacy Contact;”
- Tap “Add Legacy Contact” (at this time you may be asked to authenticate yourself via Face ID, Touch ID, or device passcode).[4]
If using a Mac:
- Choose Apple menu button, then System Settings, then Apple ID;
- Click “Sign-In & Security,” then click “Legacy Contact;”
- Click “Add Legacy Contact” (at this time you may be asked to authenticate yourself via Face ID, Touch ID, or device passcode).
Upon taking the actions referenced above, you will be prompted to share an access key via Apple Messages[5] or by printing out the access key to give to your contact or to keep with your estate planning documents. This key is critical to ensure the party designated is a Legacy Contact, and the access key is needed to set up a legacy contact Apple ID and to access a decedent’s data.[6]
How Does a Legacy Contact Gain Access
If you are a Legacy Contact for a family member or friend who passed away, you will need to have both (1) the access key, created by them and provided to you, and (2) their death certificate. A Legacy Contact can commence the process on their device or on the “Digital Legacy – Request Access” page.
How to Remove a Legacy Contact
A Legacy Contact may be removed in a manner similar to adding a Legacy Contact. On an iOS device, you may click “Settings” then click your name, then “Sign-In & Security.” For a Mac, click the Apple menu, then “System Settings,” then “Apple ID,” then select “Sign-In & Security.”
Once in the Legacy Contact settings under either iOS or macOS, choose the contact’s name, and from there, you can remove them as a contact. Apple documentation states that this person will not receive a notification, but you will no longer appear on their Legacy Contact list if they have an Apple device with settings that allow such contacts to be shown. Further, their access key will no longer work.
Similar Tools on Other Platforms
Other services offer similar tools. For Google (covering most Android devices as well) there is the Inactive Account Manager. You can find information here.[7] Facebook has a similar tool with documentation available here.
Closing
While creating a Legacy Contact with an Apple account is not a strict requirement for accessing a loved one’s digital accounts, doing so may provide expedient access to helpful and sentimental information without the need for court assistance. When reviewing your estate plan, Apple users should consider taking these steps to ensure their loved ones are able to access these digital assets that may provide them access to information and comforting memories during stressful times.
As a backstop, it can be helpful to designate a party, whether a trustee, power of attorney, or executor or perhaps another party, more familiar with digital assets, to be a fiduciary with respect to such digital assets.[8] Regardless, given the process that Apple has made available to users that is baked into its system, it is likely that the Legacy Contact route would be the path of least resistance.
[1] https://support.apple.com/en-us/102631.
[2] It is worth noting that Legacy Contacts, in the Apple context, apply with respect to deceased users, not incapacitated.
[3] Generally speaking, acquired digital assets, such as movies, music, and books are generally limited to a license and are not transferable assets.
[4] If you are part of a Family Sharing group, a list is prepopulated with family members. You may also select “Choose Someone Else” at the bottom of the list.
[5] Apple notes, and we agree, that it would be prudent to ensure a Legacy Contact receives the message containing the access key.
[6] A printed access key is a good approach to give to a Legacy Contact who may not have an Apple device or if they are unable to access Legacy Contact settings on their device.
[7] Google systems and processes may change over time.
[8] See Miss. Code Ann. § 91-23-1 et seq.
