Digital Assets and Estate Planning in Ontario

In Ontario, your estate is no longer just a collection of paper deeds and physical keys. Email accounts, cryptocurrency, cloud storage, and social media profiles can all form part of your digital footprint.As of 2026, Ontario’s legal framework for digital assets is still evolving. While the law generally treats digital assets as property, accessing them after death can present practical and legal challenges.

Here is what you need to know to protect your digital legacy in Ontario.

The “Property” vs. “Licence” Distinction

Ontario’s Succession Law Reform Act (SLRA) defines property broadly. In many cases, digital assets can pass through your estate like any other asset. However, a key distinction exists between assets you own and services you merely licence.

Owned Digital Assets

Some digital assets have clear property characteristics and may form part of your estate:

• Cryptocurrency (Bitcoin, Ethereum)
• Web domains
• Monetized online businesses
• NFTs or digital collectibles
• Online financial accounts

These assets can typically be transferred by your executor in the same way as other property.

Licensed Digital Assets

Many digital platforms provide content under non-transferable licences governed by their terms of service. Examples may include:

• Kindle or ebook libraries
• Music purchased through streaming platforms
• Online game libraries
• Some cloud-based digital media collections

In these situations, the account holder does not fully “own” the content. The licence may terminate upon death or prohibit transfer to heirs.

Practical Tip: If certain digital files have sentimental value (such as photos, documents, or personal media), maintaining an offline backup on a physical device can ensure they remain accessible as tangible property.

The Access Problem: Why Executors Sometimes Struggle

Unlike some Canadian provinces, Ontario has not yet enacted specific legislation governing fiduciary access to digital assets.

This creates practical challenges for executors.

Privacy and Platform Restrictions

Service providers may refuse access to an account after death due to:

• Privacy obligations under Canadian law
• Internal company policies
• Platform terms of service

Even where an executor has probate authority, companies may decline to provide login access or passwords.

Why Executors Should Avoid Guessing Passwords

In some cases, logging into an account without authorization could potentially violate:

• platform terms of service
• computer misuse provisions in the Criminal Code
• privacy obligations

While these situations are fact-specific, the safest approach is for executors to obtain access through lawful channels or through tools provided by the platform itself.

Electronic Wills in Ontario: A Developing Area

Ontario law still requires traditional formalities for wills.

Under the Electronic Commerce Act, wills are specifically excluded from the category of documents that can be executed electronically. As a result, a purely digital will is generally not considered valid under current legislation.

However, Ontario courts now have a “substantial compliance” validation power under section 21.1 of the Succession Law Reform Act.

This allows courts to validate documents that were not executed with full formalities if they clearly represent the deceased’s final testamentary intentions.

A recent Ontario decision, Gebremariam v. Menghesha, has sparked discussion about whether this validation power could potentially apply to electronic documents. The issue remains legally unsettled.

For now, the safest and most widely accepted practice remains:

• a written will
• signed by the testator
• witnessed in accordance with the SLRA

Your Digital Estate Planning Checklist

Because the law is still evolving, a practical planning strategy can help avoid complications for your executor.

Appoint Someone to Manage Your Digital Assets

You may wish to designate a trusted individual to handle your digital presence. While Ontario law does not formally recognize a separate “digital executor,” a will can authorize a specific person to manage digital accounts and assets.

This person might be someone who is particularly comfortable with technology.

Create a Digital Asset Memorandum

Passwords and security information should never be placed directly in a will, because a probated will becomes a public document.

Instead, many estate plans include a separate digital asset memorandum or secure record containing:

• a list of online accounts
• instructions for accessing password managers
• locations of cryptocurrency seed phrases or private keys
• instructions for two-factor authentication devices

This document can be updated regularly without rewriting the will.

Use Platform Legacy Tools

Many major technology companies now provide built-in legacy planning tools.

Examples include:

• Google: Inactive Account Manager
• Meta (Facebook / Instagram): Legacy Contact
• Apple: Digital Legacy Program

These tools allow you to designate someone who can access or manage your account if you become inactive or pass away.

Final Thoughts

Digital assets are now a routine part of modern estates, but the legal framework governing them is still catching up.

In Ontario, the safest approach is to combine:

• a properly drafted will
• clear instructions for digital accounts
• secure storage of access credentials
• use of platform legacy tools where available

With thoughtful planning, your executor will be able to manage your digital footprint just as effectively as your traditional assets.