Wills with Digital Assets — Cryptocurrency, Online Accounts, Digital Property
Digital assets are an increasingly important part of Canadian estates. Cryptocurrency, online accounts, digital businesses, and platform-specific assets require specific Will planning and security considerations.[1]
What counts as a digital asset
Financial digital assets:
- Cryptocurrency (Bitcoin, Ethereum, other)
- Cryptocurrency wallets
- Online brokerage accounts
- Digital banking accounts
- Specific platform earnings (creator economy)
- NFTs (non-fungible tokens)
Online accounts:
- Email (Gmail, Outlook, Yahoo, work)
- Social media (Facebook, Instagram, Twitter/X, LinkedIn, TikTok)
- Cloud storage (Google Drive, iCloud, Dropbox, OneDrive)
- Subscription services (Netflix, Spotify, software)
Business and creative digital assets:
- Domain names
- Websites and blogs
- YouTube channels, podcasts
- Online stores (Etsy, Shopify, Amazon)
- Specific intellectual property
- Software licenses
Personal digital:
- Photo and video archives
- Personal documents
- Family history records
- Digital art collections
The credentials problem
Critical issue: Wills become public after probate. Anything in the Will is publicly accessible.
Therefore:
- Do NOT put passwords in the Will
- Do NOT put private keys in the Will
- Do NOT put security questions in the Will
- Do NOT put specific account access details in the Will
Instead:
- Will refers to existence of digital assets
- Specific access mechanism stored separately
- Executor has specific path to access (password manager, secure document, specific instructions)
Will provisions for digital assets
Standard wording:
"I authorize my Executor to access, control, transfer, sell, distribute, or terminate any digital assets I own at the time of my death, including but not limited to cryptocurrency, online accounts, digital media, intellectual property in digital form, and any other digital property. I direct my Executor to follow my separately-documented instructions for accessing such assets."
Specific bequests of digital assets:
"I leave my cryptocurrency holdings to my son [name]. Specific access instructions are documented in my Life Discovery Kit."
Domain name and online business:
"I leave [domain.com] and the associated business to [beneficiary]. My Executor shall continue operations during the transition period and shall not allow domain registration to lapse."
Cryptocurrency specifically
Exchange-held cryptocurrency
Wealthsimple Crypto, Coinbase Canada, Binance, etc.:
- Specific death procedures
- Death certificate plus executor authorization
- Transfer per exchange policy
- Typically straightforward for executor with documentation
Self-custodied cryptocurrency
Wallet you control (hardware wallet, software wallet, paper wallet):
- Private keys are the access mechanism
- If executor doesn't have access to private keys, cryptocurrency is permanently lost
- Specific to securing keys for executor access while maintaining lifetime security
Common approaches:
- Hardware wallet plus written backup phrase stored securely
- Multi-signature wallet with specific recovery mechanism
- Specific cryptocurrency inheritance services
- Specific lawyer-stored sealed envelope with instructions
Critical: Test the recovery mechanism while alive. Many crypto deaths involve executors being unable to access funds they're entitled to inherit.
Online accounts — platform procedures
Google (Gmail, Photos, Drive, YouTube)
Inactive Account Manager (set up during life):[2]
- Designate trusted contacts and timing
- Specific actions on inactivity period
After death (without Inactive Account Manager):
- Family submits request to Google
- Specific access process
- Specific to Google review
Apple (iCloud, App Store, Apple Music)
Digital Legacy Program:[3]
- Designate legacy contacts during life
- Specific access to most data after death
- Without Digital Legacy designation, family access very limited
Facebook (and Instagram)
Memorialization:
- Profile preserved with "Remembering" designation
- Legacy contact (designated during life) has limited control
- Family can request memorialization or deletion
Memorialization or deletion:
- Specific request process
- Specific to LinkedIn review
Twitter/X
Account deactivation:
- Family requests deactivation
- No memorialization option
See managing deceased online accounts for detailed platform procedures.
Pre-death planning
Document existence:
- Comprehensive digital asset inventory
- Type, platform, approximate value
- Specific to each category
Document access (securely):
- Password manager with emergency access
- Specific recovery instructions
- Stored separately from Will
Designate legacy contacts where platforms allow:
- Google Inactive Account Manager
- Apple Digital Legacy
- Facebook legacy contact
- Specific to each platform
Specific cryptocurrency planning:
- Test recovery mechanism
- Specific to safe sharing of access
- Multi-signature considerations for substantial holdings
Discuss with executor:
- Awareness of digital asset scope
- Specific to access mechanism
- Specific to handling decisions (sell, transfer, retain)
What to avoid
Don't list passwords in the Will. They become public.
Don't assume family will figure out cryptocurrency access. They likely won't. Most crypto held by deceased without specific planning is lost forever.
Don't ignore subscription accounts. Recurring charges continue after death until cancelled.
Don't forget photos. Digital photo archives have significant family value; specific planning ensures preservation.
Don't rely on platform to do the right thing. Each has specific procedures; not following them may result in permanent loss.
What we focus on at It's Simple Will
The Will Creator includes provisions granting executor authority over digital assets. The Life Discovery Kit (post-payment) captures the comprehensive digital asset inventory with access instructions stored securely.
Related guides
Citations & sources
- [1]Canadian Bar Association — Wills, Estates and Trusts — Canadian Bar Association
- [2]Google — Inactive Account Manager — Google
- [3]Apple — Digital Legacy Program — Apple
Frequently asked questions
Can I put my Bitcoin in my Will?
You can specify the inheritance of cryptocurrency in your Will, but you cannot put the private keys in the Will itself (Wills become public after probate). Best practice — Will grants beneficiary the cryptocurrency; access mechanism (private keys, exchange credentials) documented separately and securely accessible to executor.
What about my online accounts (email, social media, cloud storage)?
Most platforms have specific procedures for deceased users (Facebook memorialization, Google Inactive Account Manager, Apple Digital Legacy, etc.). Will should grant executor authority to handle digital accounts. Specific platform procedures must still be followed.
Should I list my passwords in my Will?
NO. Wills become public after probate. Passwords listed in a Will would be exposed. Use separate secure password management (password manager with designated emergency contact, encrypted document with executor access, specific separate document not part of public estate file).
What about cryptocurrency on exchanges?
Exchange-held cryptocurrency (Wealthsimple Crypto, Coinbase, Binance, etc.) generally follows exchange's specific death procedures. Submit death certificate; exchange transfers per their policy. Self-custodied cryptocurrency (own wallet with private keys) requires the executor to access the private keys.
How do I document my digital assets?
Comprehensive inventory listing — type of asset, platform/wallet, contact information, access mechanism (separately stored). The Life Discovery Kit approach is particularly valuable. Should include — email accounts, social media, cloud storage, cryptocurrency, online businesses, digital photo archives, specific platform earnings.
What about my online business income?
Income-generating digital assets (YouTube channel, podcast, online store, creator economy earnings) are valuable assets requiring specific treatment. May require ongoing operation during estate administration; specific transfer or wind-down decisions; specific platform procedures for transferring ownership.