IANAL. This is possibly something that the government needs to look at this sort of with data protection and data privacy laws, as the data is stored and controlled by a private company. When a bank gives you an eftpos card, and you put a pin on it, you are told not to share that pin with anyone otherwise it could mean that you will not be covered for losses should anyone access your account. That includes your spouse. That mentality means that people also don't tend to share passwords either. ALthough I don't watch fair go these days, the issue I see is the ownership of the photos / data, and probate would show that that noone else owns them, or is claiming to own them, so I can see Apples point of view here. But it is quite a high cost to pay. Do companies like facebook require people to provide a probate document before they will close or deactivate a personal facebook account, or give someone else access to it?
Facebook has a feature called "Facebook Legacy Contacts", you can grant certain Facebook friends (eg. your spouse or close friend) the right to perform certain actions on your account once it's "Memorialised" (which requires either an immediate family member [logged in to Facebook and listed as an immediate family member on your account] to enact, or you need to provide paperwork to Facebook regarding the death). The Legacy Contact never gets access to your messages and other personal items though.