Digital Assets in a Will: What Happens to Your Online Life?

In today’s increasingly digital world, more Canadians are leaving behind valuable online footprints—whether they are cherished family photos stored in cloud, cryptocurrency investments, or social media profiles. However, despite how integrated these digital assets are in people’s daily lives, many still tend to overlook them in their wills and estate plans. When it comes to estate planning and drafting wills, people often only account for their tangible assets, such as land, vehicles, investment portfolios, and other traditional forms of property.

Without proper planning, your loved ones could be locked out of important accounts. Worse, digital assets with real financial value could be lost forever. With that said, this blog explores what digital assets are, why they matter, and how you can include them in your estate planning to ensure a smooth transition for your family and executors.

What Are Digital Assets?

Digital assets include any property stored in electronic form, including sentimental items, digital records, and assets with monetary value. These may exist on your personal devices, in cloud storage, or across various online platforms. In Ontario and throughout Canada, these assets form part of your estate and can be addressed in your will.

Examples of digital assets include:

• Social media accounts (e.g., Facebook, Instagram, LinkedIn)
• Email accounts (e.g., Gmail, Outlook)
• Cloud storage (e.g., Google Drive, Dropbox, iCloud)
• Cryptocurrency wallets (e.g., Bitcoin, Ethereum, hardware wallets)
• Online banking or investment accounts
• Loyalty and reward points (e.g., Aeroplan, PC Optimum, Scene+)
• Streaming or subscription accounts (e.g., Netflix, Spotify, Amazon Prime)
• Domain names and websites
• Online businesses (e.g., Shopify stores, Etsy shops, monetized YouTube channels)
• Digital photo or video collections
• Gaming accounts (e.g., Steam, PlayStation Network)
• Password managers (e.g., LastPass, 1Password)

Because many of these assets are protected by usernames, passwords, or encryption, proper planning is critical to ensure your executor or family members can access or manage them after your passing.

Why Plan for Them

Although a large part of Canadians’ lives now exists online, many estates don’t account for these digital assets—and that can come with dire consequences. Without a plan, heirs could lose access to sentimental items or funds tied up in digital currency or rewards points that no one knows how to retrieve. Institutions like Facebook or Google may delete accounts, or custodians may refuse access under privacy rules unless expressly permitted. BMO recently reported that around 10% of Canadians own crypto. However, few plan for heirs to access it. Bitcoin holdings have been lost simply due to forgotten keys.

The Legal Framework in Canada

Under Section 2 of the Succession Law Reform Act and similar provincial statutes, Ontario allows testators to give away any property they own—whether they got it before or after writing the will. This includes anything they legally or fairly have a right to at the time they die.

A person may by will devise, bequeath or dispose of all property (whether acquired before or after making his or her will) to which at the time of his or her death he or she is entitled either at law or in equity, including,

(a)  estates for another’s life, whether there is or is not a special occupant and whether they are corporeal or incorporeal hereditaments;

(b)  contingent, executory or other future interests in property, whether the testator is or is not ascertained as the person or one of the persons in whom those interests may respectively become vested, and whether he or she is entitled to them under the instrument by which they were respectively created or under a disposition of them by deed or will; and

(c)  rights of entry, whether for conditions broken or otherwise.

However, digital assets are not explicitly defined. Executors derive access authority from general property rights, but Terms of Service (TOS) and privacy laws—especially the federal Personal Information Protection and Electronic Documents Act (PIPEDA)—often block access unless specific permission is given. Some provinces (BC, Alberta, Quebec) offer stronger privacy frameworks, though TOS issues can still arise. Meanwhile, the proposed Digital Charter Implementation Act (Bill C-27) recently proposed by the federal government may empower executors in the future. However, the bill has yet to be passed.

Key Planning Steps for Canadians

1. Create a Digital Inventory

Start by listing all digital assets—social media profiles, emails, loyalty programs, crypto wallets, blogs, and subscriptions—and include associated logins, passwords, recovery codes, and two-factor authentication methods. This “portfolio” helps executors locate and manage assets efficiently, since many digital assets leave no traditional paper trail. Use a secure password manager or keep a physical copy in a locked safe.

2. Appoint a Digital Executor

Choose a tech-savvy person, either alongside or separate from your main executor, who can handle the technical aspects of managing digital assets, such as closing accounts or transferring digital holdings. This role should be documented in your Will so that it’s legally recognized.

3. Include a Digital-Assets Clause in Your Will

While Wills become public during probate, a high-level clause should grant your executor clear authority over digital assets. Avoid including sensitive credentials in the Will. Instead, refer to your separate, confidential inventory.

Sample Digital-Assets Clause

“I give and direct my estate trustee and/or digital executor to have full power to access, use, manage, and distribute my digital assets—including those in protected or encrypted accounts and devices—in accordance with my written digital‑assets inventory, notwithstanding any terms of service or other restrictive agreements.”

This language empowers your executor while keeping sensitive credentials in a separate and securely stored document.

4. Use a Password Vault or Legacy Tools

Consider secure vault services that release credentials to your executor upon death, or use legacy tools like Google’s Inactive Account Manager or Facebook’s legacy contact, which grant access to designated persons. Check each Terms of Service for policy rules regarding account transfer or memorialization.

5. Monitor Terms and Update Regularly

Digital assets and terms of use evolve constantly. Review and update your inventory, credentials, and Will clause at least annually, or whenever you add or change accounts, to avoid obsolescence.

Provincial Highlights: British Columbia vs. Ontario

In Ontario, your executor’s power over digital assets comes solely from your Will or a continuing power of attorney; there is no statutory override of service agreements. In British Columbia, the Wills, Estates and Succession Act (WESA) explicitly recognizes executors’ authority over electronic documents, making digital asset clauses more powerful. Other provinces (e.g., Saskatchewan, Prince Edward Island, New Brunswick, Yukon) have implemented ULCC model legislation to clarify fiduciaries’ roles in digital estates.

Frequently Asked Questions (FAQs)

Q: Should I list passwords in my Will?
A: No. Wills are public during probate, so list assets (without credentials) in the Will and keep a secure inventory elsewhere.

Q: Can a Power of Attorney cover digital assets if I’m incapacitated?
A: Only if it explicitly grants authority over digital devices, accounts, encryption keys, and data—otherwise, it may not suffice.

Q: What about cryptocurrency?
A: Cryptocurrency requires documenting private keys or seed phrases in your digital inventory and specifying who inherits them—exchanges like Coinbase typically require legal documents plus credentials.

Q: Can my executor legally access my email or social media accounts after I die?
A: Not automatically. Even if named in your will, your executor may be restricted by privacy laws (like PIPEDA) and the Terms of Service of each platform. To reduce delays or denials, include a specific digital-assets clause in your will and provide separate, secure instructions on how to access these accounts.

Q: What happens if I don’t include digital assets in my will?
A: Without proper planning, your digital assets may become inaccessible, deleted, or fall into the wrong hands. Loved ones may have to go through complex legal processes—or may never retrieve certain assets at all. Including them in your Will ensures clarity, reduces stress for your family, and protects your legacy.

Final Takeaways for Canadian Readers

Digital assets, ranging from photos to cryptocurrencies, carry real value and meaning. In Ontario, these assets require deliberate planning since there is no legislative override of service agreements. By compiling an inventory, appointing a qualified digital executor, crafting clear legal authority in your will, using vault tools, and keeping everything up to date, you can ensure your online legacy is preserved, accessible, and distributed as you intend. Will drafts should always be reviewed by an estate lawyer to align with provincial requirements and evolving technologies.

How Nihang Law Can Help

Planning for your digital assets is no longer optional. It is an essential part of modern estate planning. Whether you’re ensuring your family can access cherished memories or protecting the value of your online accounts and investments, taking the time to organize and include these items in your will can prevent confusion, conflict, and loss. At Nihang Law, we can help you draft a will that reflects the full scope of your estate, including your digital legacy. Contact us today to get started on a will that protects everything you value—online and off.