As our lives become increasingly intertwined with the digital world, it is important to consider and address digital assets in your estate planning. 

The Wills, Estates and Succession Act (“WESA”) acknowledges a broad definition of “assets”, which encompasses both tangible and intangible items, including digital assets.  Digital assets include a huge range of items, such as email and social media accounts, photos, music, videos, software licenses, and financial and banking accounts.  By including digital assets in your will, you ensure that your wishes regarding these assets are legally recognized and adhered to.

At a minimum, we recommend granting your executor the power to deal with your digital assets.  This would include language allowing them to access, handle, distribute, and dispose of your digital assets, and obtain, access, modify, delete, and control your passwords.  Your will could also include instructions on who you want to receive those digital assets.  This could be written in the will itself, or, in a future memorandum that you prepare separately.

It is also important to create and keep current an inventory of what digital assets you have.  This would include your social media accounts, email accounts, cloud storage, digital subscriptions, online banking information, and any other online assets.  We recommend keeping an updated list of usernames, passwords, and relevant access information, and storing it in a secure location that your executor knows.  This information shouldn’t be included in the will itself, since the will becomes public once your executor has filed for probate.

You will also want to consider whether your executor is equipped to manage your digital assets, particularly if you have a significant online presence or conduct a lot of business online.  If you do not think that they are up to the job, you can consider appointing a different person to specifically manage your digital assets.

Being proactive with respect to your digital assets can ensure that they are protected once you die, and that your executor has the necessary tools to deal with them.

Author: Jane Otterstrom 

This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250)448-2637 or any of our lawyers practicing in the area wills and estates at the following:

Jane Otterstrom: jane@touchstone.law