AUSTRALIA Trends and Developments Contributed by: William Moore, Frank Hinoporos, Emma Woolley and Todd Bromwich, Hall & Wilcox
Examples of relevant policies and terms of service concerning death of the user • Facebook: users can opt for their account to be memorialised or permanently deleted in advance. After death, the account cannot be changed unless the deceased added a legacy contact. Without a nominated legacy, accounts are typically memori - alised. • Instagram: anyone can request for an account to be memorialised by providing proof of death. How - ever, only immediate family can request removal (with proof). • LinkedIn, TikTok and X: these platforms only allow profile removal or deactivation of profiles. • iCloud: accounts are non-transferable and any rights to your Apple ID or content within your account terminate upon notification of your death. You may wish to leave your log-in details with a personal representative, so they can log in to retrieve photos and other sensitive information. Without log-in details, your representatives may need a court order to access content, which are often difficult and expensive to obtain. • Microsoft, Apple and Google: accounts do not allow the removal of passcodes from phones or tablets without erasing all data on the device in the process. A family member or next of kin can submit a request to obtain data or funds from an account and close the account of a deceased user. • PayPal: only an account owner can close their account, unless they are deceased. Executors can close an account by submitting the required docu - mentation. New AML/CTF Rules Australia has introduced new Anti-Money Launder - ing and Counter-Terrorism Financing Rules 2025 (Cth) (Rules). These updated Rules introduce signifi - cant changes to regulatory obligations and are a key component of the most substantial overhaul of the anti-money laundering and counter-terrorism financ - ing (AML/CTF) framework since its inception. They will have direct relevance to private wealth manage - ment, particularly for high net worth individuals, family offices, trustees and professional advisers. From 1 July 2026, as part of the “Tranche 2” reforms, professionals commonly involved in private wealth
• family division; and • added stress for family members after death. It is important that trusted relatives or friends have access to your digital wealth to retrieve sentimental photos, memories or messages, and to secure pri - vate information that could otherwise pose a security risk – for example, by allowing a criminal to use the information for identity theft. Addressing your digital wealth as part of your succes - sion plan should include the following aspects. • Storage: determine where the digital wealth is stored (locally or in the cloud) to help decide whether to gift the device and/or account details. • Inventory: create a secure, up-to-date list of digital assets and accounts, including log-in details, sub - scriptions (so they can be cancelled), passcodes and passwords. This should not be set out in a will (which becomes a public document). Instead, it should be stored in a safe location such as the traditional book of relevant information and pass - words kept in a safe at home or a secure online password manager. • Secure third parties: for valuable digital assets such as cryptocurrency, consider reputable third- party providers who can deal with secure storage of details and provide a stepped release of this information on death or incapacity to nominated persons. • Update your will and power of attorney: these documents should include clear definitions of digi - tal assets and digital accounts, and outline pow - ers allowing executors and attorneys to deal with them. • Review regularly: keep your digital inventory and legal documents current as assets and accounts change. • Understand policies and terms of service: ensure an understanding of the relevant policies and terms of service, to determine what instructions can validly be given. • Leave instructions: provide clear instructions for attorneys or executors regarding wishes for how digital assets are dealt with.
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