In today’s digital age, individuals maintain dozens—if not hundreds—of online accounts. Yet, the vast majority of Canadians have not accounted for their digital footprint in their estate plans.
What happens to your photos on Google Drive? Your PayPal balance? Your cryptocurrency wallet?
Without clear legal instructions, families can be locked out of valuable or sentimental digital information after a loved one passes. Digital estate planning ensures your online life is protected, just like your physical assets. This guide explores how Ontario residents can plan for the future in an increasingly tech-driven world.
What Qualifies as Digital Assets?
Digital assets refer to any content, account, or intellectual property stored in a digital format. In estate planning, this includes:
- Email accounts (e.g., Gmail, Outlook)
- Cloud storage (e.g., Google Drive, Dropbox, OneDrive)
- Financial accounts (e.g., PayPal, cryptocurrency wallets like Coinbase, Binance)
- Subscription services (e.g., Netflix, Amazon Prime, Spotify)
- Social media profiles (e.g., Facebook, Instagram, LinkedIn, TikTok)
- Online businesses and domains
- Photo and video libraries
- Digital loyalty rewards
- NFTs and blockchain-based assets
These assets often have both monetary and emotional value. Some can be inherited, others cannot—depending on the platform’s terms of service.
Sources: Canadian Bar Association, Estate Planning Council of Canada
Why Digital Estate Planning Matters in Ontario
Failing to include digital assets in your estate plan can lead to:
- Locked accounts: Families may not be able to access important documents or financial platforms.
- Lost assets: Unclaimed cryptocurrency, online business revenue, or royalties may go unnoticed.
- Privacy breaches: Without instruction, sensitive data can be exposed or misused.
- Legal complications: Ontario’s Succession Law doesn’t yet address digital assets explicitly, creating uncertainty for executors.
A well-planned digital estate helps ensure your data is handled securely and respectfully.
Sources: Government of Ontario – Wills and Estates
Key Challenges in Protecting Digital Assets
1. Terms of Service Restrictions
Many platforms (e.g., Apple, Facebook) prohibit third-party access, even by family members. Without prior authorization, executors may be powerless.
2. Jurisdictional Conflicts
Digital assets are often stored on servers located outside Canada. This can create cross-border legal challenges.
3. Privacy & Security Laws
Canadian privacy laws (like PIPEDA) limit data access, even posthumously. Legal clarity is still evolving.
4. Password Management
Most digital accounts are protected by passwords, two-factor authentication, or encryption. If credentials are lost, recovery may be impossible.
Sources: Law Society of Ontario, Office of the Privacy Commissioner of Canada
Steps to Include Digital Assets in Your Estate Plan
Step 1: Create a Digital Asset Inventory
List all your digital assets, including:
- Account names and types
- URLs and usernames (never include passwords directly)
- Estimated value (if applicable)
Use a secure location like a password manager or encrypted USB drive.
Step 2: Appoint a Digital Executor
A digital executor is a person you designate to manage your online accounts after death. In Ontario, this role should be clearly written into your will to be legally enforceable.
Step 3: Provide Access Instructions
Store passwords securely (e.g., in a password vault). Share access with your digital executor through:
- Password manager sharing features
- Encrypted files with instructions
Step 4: Include Digital Provisions in Your Will
Work with a lawyer to:
- Include a digital assets clause
- Appoint a digital executor (or empower the main executor)
- Clarify how each account should be handled (e.g., delete, archive, transfer)
What Is a Tech Will—and Why You Might Need One
A tech will is an unofficial or supplemental document that:
- Provides a detailed digital inventory
- Shares account-specific instructions
- Communicates passwords via secure means (not stored in the will itself)
While not legally binding on its own in Ontario, it serves as a practical tool for executors to carry out your wishes.
Some jurisdictions, such as California and Florida, have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which grants digital access rights to fiduciaries. Ontario has not adopted a similar framework.
Legal Context in Ontario and Canada
Ontario has not yet introduced digital-specific estate laws. However, the Succession Law Reform Act (SLRA) governs wills and estate distributions.
Key takeaways:
- Wills must be in writing and signed by the testator and two witnesses (as per Section 3 of the SLRA).
- There is no legislation explicitly authorizing digital executors—so the appointment must be written clearly into your will.
Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) restricts access to digital content without consent. This affects executors trying to access online accounts post-death.
Uniform Law Conference of Canada (ULCC) proposed a Uniform Access to Digital Assets by Fiduciaries Act, but it has not yet been adopted in Ontario.
Sources: SLRA – Ontario,
Mistakes to Avoid in Digital Asset Planning
- Not creating an inventory: Memory fades, and loved ones won’t know what you own.
- Storing passwords on paper: Easily lost or hacked.
- Ignoring cryptocurrencies: Crypto wallets require specific access steps—missing them means permanent loss.
- Not updating your plan: Add/remove accounts as your digital life evolves.
- Relying solely on the will: Wills become public after probate—never list passwords there.
Why You Should Consult an Estate Lawyer for Digital Assets
Digital estate planning is complex and evolving. A qualified estate lawyer can:
- Draft enforceable digital clauses
- Appoint and define the powers of a digital executor
- Ensure compliance with Ontario estate law
- Coordinate with IT and security best practices
- Guide families through secure password and asset transfers
At J. Solomon Law, we help Ontario residents and business owners create modern estate plans that include both traditional and digital assets.
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In an era where our digital lives often surpass our physical footprints, estate planning must evolve.
Digital estate planning ensures your legacy lives on securely—protecting your loved ones, data, and digital investments.
If you’re ready to create or update your estate plan to include digital assets, the team at J. Solomon Law can help. Our firm specializes in forward-thinking estate solutions tailored to Ontario residents.
Book a consultation today to secure your digital legacy.
Disclaimer
This blog is for general informational purposes and does not provide legal advice. Consult a qualified Ontario estate lawyer for your specific situation.
