Boyarkina Lawyers

You have smartphone. Do you have Digital Access Estate Plan?

Date: 06/05/2026

Smartphones and other digital devices nowadays hold significant amount of personal and financial information— from banking apps and authentication tools to photos, notes, and even draft documents arguably purporting to be wills.   Overlooking digital access to such devices can undermine your otherwise well-structured estate plan.   This will complicate administration of your estate; and can give rise to disputes over what is called informal wills.

Why device access matters

Without the passcode, executors are often unable to access the digital device after death, as biometric features typically become unusable.   Apple Inc. does not simply unlock devices on request.   Unless the deceased arranged access in advance (for example, by appointing a Legacy Contact), executors may face a complex process involving formal applications and, in some cases, court orders. Even then, access to the physical device is distinct from access to cloud-based accounts.

Without proper planning, valuable digital assets—such as photos, business records, or authentication apps—may be permanently lost.

Apple’s Legacy Contact

Apple’s Legacy Contact function allows individuals to nominate trusted persons who can access certain account data after death, upon presentation of an access key and death certificate. This includes items like iCloud files, messages, and photos, and enables removal of device activation locks.

But this mechanism provides account-level access only.   It does not replace the need for device-level access via a passcode, nor does it extend to all data types—some sensitive information and licensed content remain inaccessible.

Common issues when no digital plan exists

In practice, the absence of digital planning often leads to several challenges:

  • Access barriers: Two-factor authentication tied to a phone can prevent executors from managing accounts or notifying institutions.
  • Loss of evidence: Devices may contain critical material—such as draft wills or communications—relevant to estate disputes.
  • Business disruption: Key business tools and records may be locked on the device.
  • Emotional impact: Families may lose irreplaceable photos and messages.
  • Litigation risk: Device data, including metadata, can be pivotal in disputes over informal wills.

Informal wills and smartphone records

Courts in Australia considered if digital documents, such as notes or messages, can constitute valid wills under “dispensing provisions,” which allow courts to overlook formal execution requirements where intention is clear.

Some cases show that even unsent or unwitnessed documents created on a phone may be admitted to probate if they clearly express testamentary intention. Other decisions, on the other hand, highlight the limits of this approach: for example, iPhone note labelled as a will is rejected due to its draft-like nature and surrounding evidentiary concerns, with the estate ultimately distributed under intestacy rules (administration under the succession laws rules, without a valid will).

Practical steps

To minimise risk and ensure smooth estate administration, the following is important to consider:

  • Plan for access: Ensure executors can lawfully obtain your device passcodes.  Do not include them in the will itself.
  • Use secure alternatives: Store access details in a sealed memorandum, secure digital vault, or password manager with emergency access features.
  • Appoint a Legacy Contact: This provides a structured pathway to access key account data.
  • Understand limitations: Legacy Contact access does not cover all data, and device-level access remains critical.
  • Preserve evidence: After death, devices should not be altered; executors should take control promptly to maintain evidentiary integrity.

Key takeaway

Digital access planning is now an essential component of your estate planning. Without it, executors may be locked out of critical information, and families may face both practical difficulties and emotional loss.

If you would like to make or review your Will or discuss digital access estate plan, please do not hesitate to contact Boyarkina Lawyers for advice.

Boyarkina Lawyers

The above piece is for general information and reference purposes of clients and contacts of Boyarkina Lawyers and members of public.

Information in the above piece does not constitute legal advice and should not be relied on as if it were a legal advice.  A person should obtain professional legal advice specific to their circumstances before taking any action based on this piece.