Most of us now rely on cloud storage services like iCloud to store and share everything, from photos to videos and even sensitive files like contracts and financial documents. But do you know what happens to these digital assets when you, the owner, are gone? Do you know what the iCloud Terms of Service say about managing your digital assets upon your death? Are you aware of the process of adding a Legacy Contact for your Apple ID?

If you're unsure about any of these, you're in the right place. At Rilus Law, we specialize in creating modern estate plans that include protecting your digital assets. Our founder, Attorney Rilus Dana, has delved into the iCloud Terms of Service to understand how it impacts digital assets after death. In this post, we'll break down the key details of Apple’s iCloud policies and its Legacy Contact feature and explain why incorporating digital asset planning into your estate plan is crucial for preserving your legacy and ensuring your digital files are properly managed.

Understanding the iCloud Terms of Service

Apple’s iCloud is a powerful resource that lets you store and access data across your devices seamlessly. However, in the case of an iCloud account owner’s death, there are critical terms to keep in mind:

Accounts are not transferable.

Under the iCloud Terms of Service, any account you make on this platform is not transferable to another user. This means that once an account holder passes away, transferring the ownership of their data is impossible without any legal action.

iCloud reserves the right to delete data.

Upon the account holder’s death and subsequent account closure, iCloud may decide to delete the data in the account. Thus, if you don’t plan for how your account will be managed after your death, important files like family photos or financial documents could be lost forever.

Inactive iCloud accounts are subject to termination.

Apple can terminate iCloud accounts if they are inactive for a prolonged period or if Apple’s terms are violated. Account termination leads to permanent data loss, destroying precious memories and records in the process.

What is Apple’s Legacy Contact Feature?

With the above limitations of the iCloud Terms of Service, it becomes essential to plan proactively. This is where Apple’s Legacy Contact feature can help. This feature is available for devices running on iOS 15.2, iPadOS 15.2, or macOS Monterey 12.1 or later. It allows users to assign a trusted person to access their iCloud account after they pass away. Your Legacy Contact doesn’t have to have an Apple device, but they do have to be over the age of 13. Here are a few things to know about this feature:

How does it work?

You select one or more Legacy Contacts via your iPhone, iPad, or Mac. Your chosen Legacy Contact or Contacts can request access to your data upon your death. Apple will allow this provided they present your death certificate and the access key you gave them when you assigned them as your Legacy Contact.

What can they access?

A Legacy Contact can access almost all your iCloud data - photos, videos, notes, documents, etc. However, sensitive data like passwords stored in iCloud Keychain, health data, or licensed media like movies or applications won’t be accessible to them.

Is access time-limited?

Yes. Once granted access, your Legacy Contact has a limited time window to download the data in your account. At this time, the term is three years, after which Apple will close your account permanently and delete the data.

While Apple’s Legacy Contact feature is useful, it’s not enough to fully cover your needs. If you want a comprehensive solution for managing all digital assets, more control over specific files, or to preserve sensitive information, a digital asset trust can be invaluable.

Digital Asset Trusts: Comprehensive Digital Asset Protection

A Digital Asset Trust is a legal framework that lets you manage and protect your digital assets after you pass away or become incapacitated. It works like any traditional trust but with a specific focus on digital properties like online accounts, files, social media, and more. When you create a Digital Asset Trust, you become the Trustor and appoint a Trustee (a person or entity) to manage these assets according to your instructions.

Here’s how a digital asset trust works and why it might be the best solution for you:

1. Asset Control

A Digital Asset Trust allows you to specify the exact digital assets to be accessed, preserved, or deleted upon your death. Thus, you have more detailed control over your files. In addition, you can do this not only on your iCloud but also on other accounts like social media, email, and platforms like YouTube, etc.

2. Legal Protection

Most online platforms have strict privacy rules and non-transferability clauses that protect data against illegal access but also keep your legitimate heirs from carrying out your final wishes. A Digital Asset Trust lets you navigate legal obstacles that may prevent loved ones from accessing your iCloud and other accounts.

3. Flexibility and Longevity

A Digital Asset Trust provides flexible and long-term management of digital properties. Through this trust, you can outline how and when certain assets should be shared or transferred over time. This is one of its biggest benefits over assigning a Legacy Contact, which has restrictions and offers only a temporary window for data retrieval.

4. Security of Sensitive Information

A Digital Asset Trust is also the ideal tool for managing digital assets that hold sensitive information that is excluded from Apple’s Legacy Contact feature. Using this trust, you can specify secure ways to pass on information, such as through encrypted records or a third-party service. You can also instruct your trustee to dispose of certain files or information upon your death.

Planning for Digital Assets with Rilus Law

We are recording and saving more of our lives in the digital realm. So, we must ensure that when we are gone, both our digital and physical affairs are put to order. This is for the benefit of our loved ones and the legacy we want to leave behind. When it comes to planning for your digital assets, there is no better and more comprehensive option than creating a Digital Asset Trust.

To get started on creating your Digital Asset Trust:

Follow our detailed step-by-step guide.
Contact us for specific questions not answered here or in our resource database.
Always seek expert guidance when it comes to digital estate planning.

That’s the foolproof way to protect your online presence and secure your digital assets for future generations.

iCloud Terms of Service and Digital Assets: What You Need To Know