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I definitely would if it was a regular iCloud Photo Library with decades of family history, pictures of the kids growing up, etc. Imagine all that being lost. It's not what most users would want.

If there was something the deceased person truly wanted hidden from their next of kin, they could use stronger encryption for that. The Notes app, for example, allows for note-level strong encryption. But it's not an ideal fit for the more typical use case.

Anyway, they do it.[1]

[1] http://www.cnet.com/news/widow-says-apple-told-her-to-get-co...



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