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​Access to digital assets and records upon death or incapacity

On 26 March 2018, the Attorney General asked us to review and report on the laws that affect access to a NSW person's digital assets and digital records after they die or become incapacitated.

Our final report was tabled in Parliament on 5 March 2020.

We have also published the findings of our two online surveys:

  • one conducted among members of the public ("What should happen to your social media when you die?"), and
  • one conducted among NSW legal practitioners ("Access to Digital Assets and Records after Death or Incapacity").

Recent developments

At the November 2021 Meeting of Attorneys General, participants agreed that the work program priorities for 2022 will comprise an access scheme for digital records after death or incapacity, led by NSW: Meeting of Attorneys-General (MAG) communiqué – November 2021.


Report 147: Access to digital records upon death or incapacity (tabled 5 March 2020)

Research Report

Research Report 15: Access to digital records upon death or incapacity: survey results 

Consultation Paper

Consultation Paper 20: Access to digital assets upon death or incapacity


Terms of reference