A generation ago, an estate lawyer might help a client plan for the disposition of a home, a cottage, a bank account, and a collection of furniture. Today, that same client might also hold Bitcoin worth more than the cottage, a social media following built over decades, subscriptions and digital libraries with real financial value, and cloud storage full of photographs that are irreplaceable. Ontario estate law is catching up — but slowly, and unevenly.
The Problem With Digital Assets and Traditional Wills
Most wills written more than five years ago contain no provisions about digital assets at all. This creates two distinct problems: legal access and practical access.
Legal access means the authority to deal with an account or asset. Most digital platforms — from Coinbase to Facebook to Netflix — have terms of service that technically prohibit account access by anyone other than the account holder. An executor’s legal authority under a will may not be enough to compel a platform to grant access, because the executor is not the account holder and the platform’s contractual obligations run only to the original user.
Practical access means knowing the accounts exist, what they contain, and how to access them. Executors who do not know about a cryptocurrency wallet — or who do not have the private key or seed phrase — cannot access those funds at all, regardless of legal authority. Cryptocurrency held in self-custody (not at an exchange) is effectively inaccessible without the private key. No court order changes that.
Categories of Digital Assets
Cryptocurrency and Digital Tokens
Cryptocurrency held at a registered exchange in Canada — like Coinbase or Kraken — can be accessed by an executor with appropriate legal documentation, similar to a bank account. The exchange will require a death certificate, probate certificate, and proof of the executor’s identity before granting access.
Cryptocurrency held in self-custody wallets — hardware wallets, software wallets, or paper wallets — requires the private key or seed phrase. Without it, the funds are permanently inaccessible. There is no customer service number. There is no password recovery. The Bitcoin is there, and it cannot be touched.
If you hold self-custody cryptocurrency, your estate planning must address how your executor will access the wallet. This does not mean writing your seed phrase in your will (wills can become public documents through probate). It means creating a secure, documented access plan and ensuring your executor knows it exists.
Social Media Accounts
Major platforms have developed policies for deceased users’ accounts. Facebook allows a memorialization request, designates a legacy contact, or will remove the account at a family member’s request. Google’s Inactive Account Manager allows you to designate what happens to your account data.
These policies do not always align neatly with Canadian estate law, and platforms are inconsistent in how quickly and reliably they respond to next-of-kin or executor requests. If maintaining, archiving, or deleting specific accounts is important to you, document your wishes explicitly and give your executor the platform-specific information they will need.
Digital Libraries and Subscriptions
Purchases on platforms like iTunes, Amazon Kindle, or Steam are typically licensed — not owned. When you die, those licenses die with you. Your executor cannot sell or transfer your digital library. This is a surprising limitation for many people who assume digital purchases work like physical ones.
Ongoing subscriptions — streaming services, software licenses, online storage — should be identified and cancelled promptly by your executor to avoid ongoing charges against the estate.
Online Banking and Investment Accounts
Online bank and investment accounts are treated like their traditional equivalents for estate purposes. A probate certificate provides the executor with legal authority to access and close these accounts, and financial institutions are generally cooperative.
Drafting a Digital Asset Provision in Your Will
Your will should include a specific provision addressing digital assets. At minimum, this provision should:
- Acknowledge the existence of digital assets and authorize the executor to deal with them
- Specify the executor’s powers regarding digital platforms (accessing, archiving, closing, transferring)
- Reference a separate, secure ‘digital asset memorandum’ that contains account information and access instructions (not in the will itself, which may become public)
The digital asset memorandum should be kept in a secure location — ideally a password manager or encrypted document — with access information provided to your executor or stored alongside your will.
The Practical Checklist
For anyone who holds digital assets of meaningful financial or personal value, these steps are worth taking now:
- Create an inventory of digital assets — accounts, platforms, cryptocurrency holdings
- Document how each can be accessed — login credentials, two-factor authentication backup codes, seed phrases for cryptocurrency
- Store that documentation securely — not in the will itself, but in a referenced secure location
- Ensure your will authorizes your executor to deal with digital assets
- Review platform policies for deceased accounts (Facebook, Google, Apple all have different rules)
Final Thoughts
Digital assets are real property with real value — and in some cases, real sentimental irreplaceability. Ontario estate law is developing its approach to these assets, but the law cannot solve every practical problem. Preparation, documentation, and explicit planning are the only reliable way to ensure that your digital legacy is handled the way you would have wanted.
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Goldstone Law Professional Corporation serves clients across Mississauga, Brampton, Oakville, and the greater GTA in real estate, corporate, estate, and mortgage law. Whether you are buying your first home, structuring a business deal, or planning your estate, our team provides the clear, practical legal guidance you need.
Visit goldstonelawpc.com or call us at 905-595-9917. We are located at 201-186 Robert Speck Parkway, Mississauga, ON L4Z 3G1.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified Ontario lawyer.
This article is provided for general information only and does not constitute legal advice. For advice about your specific situation, please contact Goldstone Law PC directly.