STEPÂ is a global professional body, comprising lawyers, accountants, trustees and other practitioners that help families plan for their futures.
They have a 'Digital Hub' with lots of help and advice regarding how to protect your digital data and memories for future generations after you die.
My case study about the distress of trying to access my brother's iphone and photos is featured on their website via this link: https://memories.step.org/case-studies/
You can also read the copy here below.
Linzi Meaden’s brother Stuart was a kind and gentle man who would go out of his way to help others. Stuart, 48, took his own life in June 2020 in Ashdown Forest in Sussex, England, during lockdown.
Linzi, 47, a trauma therapist from Tunbridge Wells, and her family had to deal with the sudden shock of his unexpected death and to try to make sense of what had happened. Stuart had not left a suicide note, and his family hoped that accessing his iPhone might give them some answers to the many questions they had.
However, without the passcode, they were unable to access Stuart’s phone. He had been fond of photography, particularly nature and wildlife, and the phone became one of the family’s few remaining links to him.
Stuart went missing on 14 June and was found on 17 June. His funeral was 10 July. Around 24 July, Linzi started the process of contacting Apple, where a customer support worker told her that she would need a court order to access Stuart’s phone.
She sent the first application for a court order in at the end of August. The judge asked for amendments to be made via multiple emails and letters. Every time Linzi asked a question, she was told by the court that staff were not legally trained.
She tried multiple times to secure the court order herself, which cost £308. Firstly, she was told that because she was not her brother’s next of kin, her 82-year old mother would need to sign the paperwork. Then, the paperwork had to be resubmitted because her mother had not signed it correctly. Then the judge asked Linzi to provide a UK address: Apple had given one in Ireland.
Linzi also contacted her MP Greg Clarke to ask for help. Although he was very empathetic, he was unable to assist. Stuart’s partner spoke to her MP, Caroline Ansell, who tried to help as well and one of her team contacted Apple on the family’s behalf.
At this point, Linzi’s mother felt she could not continue with this traumatic process of securing a court order. Fortunately, Linzi found advice online from other people and was finally able to access her brother’s photos on 23 March 2021, nine months after he had died.
Linzi feels that so much unnecessary distress and pain could have been avoided if the Apple helpdesk team were trained in dealing with bereavement queries.
Greater awareness of Apple’s legacy contact functionality would also help bereaved families: if all users were to decide in advance who could access their account following their death, this would avoid the difficulties faced by Linzi and her family.
Linzi has written a book called What Suicide Left Behind (on Amazon) to help others who have lost loved ones to suicide navigate their grief journey.
Linzi fully supports STEP’s #DigitalMemories campaign and hopes that it will help other families plan how they share their digital memories.
Digital legacy management involves the planning and handling of a person's digital assets after their passing. This includes social media accounts, email, and other online platforms that may hold significant memories and information for loved ones. The process can be emotionally challenging, as it often requires confronting the loss while managing practical tasks.
For many families, digital legacy management is not just about accessing data; it's about preserving memories and creating a lasting tribute to their loved ones. Services and tools are emerging that aim to simplify this process, allowing families to manage digital assets with dignity and respect. For instance, some platforms offer options for memorializing accounts or transferring data to designated individuals, ensuring that cherished memories are not lost.
The Emotional Impact of Losing Access to Digital Memories
Losing access to a deceased loved one's digital memories can exacerbate the grief experienced by family members. The inability to retrieve photos, messages, or videos can feel like an additional loss, intensifying feelings of sorrow and longing. Understanding this emotional impact is crucial for providing adequate support to bereaved families.
Research indicates that digital memories play a significant role in the grieving process, serving as tangible connections to the deceased. Families often report that accessing these memories can aid in healing and provide closure. Therefore, addressing the barriers to accessing digital assets is essential for mental health professionals and support systems working with the bereaved.
Legal Considerations in Accessing Digital Assets
Accessing a deceased person's digital assets often involves navigating complex legal considerations. Laws regarding digital inheritance vary widely, and many families find themselves unprepared for the legal obstacles they face. Understanding these legalities can help families advocate for their rights more effectively.
In many jurisdictions, digital assets are treated like physical property, requiring legal documentation such as court orders to gain access. This can be particularly challenging for family members who may not be the primary beneficiaries. Awareness of these legal frameworks and seeking professional guidance can streamline the process and alleviate some of the stress during an already difficult time.
Resources for Navigating Digital Memory Access
Several resources are available to assist families in navigating the complexities of accessing digital memories. From online forums to professional services, these resources can provide valuable information and support. They aim to empower families with the knowledge needed to manage digital legacies effectively.
Organizations like STEP and various online communities offer guidance on the steps to take when dealing with digital assets after a loss. Additionally, legal professionals specializing in digital inheritance can provide tailored advice, ensuring that families understand their rights and options. Utilizing these resources can make a significant difference in the journey of accessing and preserving digital memories.
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