As more of life moves online, our estate plans need to keep up. From banking apps and cryptocurrency, to social media and photo storage, digital assets have become just as important as physical ones, yet many Canadians overlook them when planning their estate.
Failing to account for digital assets can leave loved ones locked out of important information or accounts, and in some cases, unable to access financial or sentimental property.
Here’s how to ensure your digital life is included in your estate plan.
What Are Digital Assets?
Digital assets include any online accounts, data, or content you own or control. These can range from valuable financial tools to meaningful memories. Common examples include:
- Online banking and investment accounts (especially crypto wallets)
- Email and cloud storage accounts
- Social media profiles (Facebook, Instagram, LinkedIn, X)
- Photos, videos, or documents stored online
- Subscription services or reward programs (e.g. Air Miles, Amazon, Netflix)
- Online businesses or websites
- Intellectual property stored digitally (writing, designs, course content)
- Gaming or entertainment accounts (Steam, Spotify, YouTube, Apple)
Some of these assets have monetary value, others have significant sentimental or personal importance, and some can’t legally be transferred in the first place. Either way, these assets should be considered in your estate planning, and a qualified estate lawyer can help with yours.
Why You Need a Digital Estate Plan
Without a clear plan, your loved ones may struggle to:
- Locate your accounts or passwords
- Access financial data or crypto funds
- Retrieve family photos or sentimental content
- Close or memorialize social profiles
- Prevent identity theft or misuse
Many digital platforms have strict privacy policies or automatic deactivation rules. Unless someone is specifically authorized, they may not be able to access your accounts, even with a death certificate.
In British Columbia, the law does not yet give executors automatic rights to access digital assets. You need to be explicit in your estate planning documents.
How to Include Digital Assets in Your Estate Plan
1. Make a List of All Your Digital Assets
Start by listing all online accounts, devices, and assets you use. Don’t forget financial tools like:
- Online banking
- Cryptocurrency wallets
- Investment platforms
And personal accounts like:
- Email and cloud storage
- Subscription services
- Social media
Make note of usernames, account types, and why they matter.
2. Decide What Should Happen to Each
Would you like your Facebook memorialized or deleted? Should your Google Drive photos be passed to a family member? Are there crypto funds someone will need access to?
Think about:
- Who should receive access or ownership
- Which accounts should be deleted
- Who can manage your online business (if applicable)
Document your preferences clearly.
3. Appoint a Digital Executor
In BC, you can appoint a digital executor, someone who handles your digital assets. This can be the same person as your main executor, or someone else with relevant tech knowledge.
Name them in your will and provide them with guidance in a separate digital asset memorandum or letter of instruction.
4. Store Access Information Securely
Your estate plan should not include passwords, but you should leave behind a secure way to access them. Options include:
- A password manager (like 1Password or Bitwarden)
- Hardware Security key (like YubiKey and FEITIAN ePass K9)
- A locked physical list in a safe or safety deposit box
- Instructions on accessing your devices
Your digital executor should know how to locate this information when the time comes.
5. Update Your Will and Legal Documents
Make sure your will explicitly mentions digital assets. Include language authorizing your executor to:
- Access your devices and accounts
- Decrypt or bypass digital locks (if needed)
- Manage, transfer, or close digital accounts
This ensures your executor has legal standing to act on your behalf and avoids unnecessary roadblocks.
A lawyer can help you add this language to your estate plan and advise on BC-specific considerations.
Digital Estate Planning Checklist
Before meeting with your lawyer, gather the following:
- List of digital assets and account names
- Devices used to access digital content (phones, computers)
- Preferences for memorializing or deleting social media
- Designated digital executor (and backup)
- Instructions for accessing passwords or password manager
- Notes about sentimental content or online businesses
- Updated will with digital asset clause
Frequently Asked Questions
Do I need to include digital assets in my will?
Yes. If you want someone to legally manage your digital assets, you should authorize them in your will and leave them secure instructions on how to access key accounts.
What happens if I don’t plan for my digital assets?
Your executor may be locked out of accounts and unable to retrieve important information. In some cases, assets like crypto wallets could be lost forever without access keys.
Can I give someone access to my social media after I die?
Yes. Most platforms let you name a legacy contact or offer memorialization options. Include these in your estate plan or digital instructions.
Is my email account part of my estate?
Yes. While it may not have financial value, your email often contains access to other accounts. It should be included in your digital planning.
Can I name a separate digital executor in BC?
Yes. You can specify this role in your will, though it is not legally required. It’s useful if your digital life is complex or if your main executor is not tech-savvy.
Plan Ahead for Your Digital Legacy
Digital assets are part of modern life, and they deserve the same care and planning as any other property. By including them in your estate plan, you protect your legacy and make things easier for your loved ones.
For guidance on creating a will that includes digital assets, contact the Wills & Estates lawyers at Munro & Crawford.
