That's still an issue of them not understanding what they did when they applied a passphrase all those years ago. If there was more education, which I feel that I've seen now on some wallets, then this person might have struggled as much.
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The problem is that in a posthumous recovery scenario, the surbiving heirs have no standard to help them understand that the seed needs a 25th word. The person that has to remember that they set up a passphrase is dead.
Perhaps then the owner would need to educate the heir on how their wealth is stored.