Digital Assets in Your Will: Estate Lawyer Tips for London ON Clients

Digital footprints rarely vanish. They scatter across phones, laptops, clouds, and accounts we opened for one niche purpose and then forgot. When we work with families in London, Ontario after a death, digital assets tend to surface late in the process. Someone mentions a cryptocurrency wallet, a TikTok with ad revenue, or a Shopify side business that keeps charging the card. Meanwhile, the will says nothing about any of it. That silence costs time and money, and it risks losing real value.

An up-to-date will can manage these assets plainly and legally. It does not require tech obsession or expensive subscriptions, just thoughtful planning and precise instructions. The law is catching up, but your personal organization still drives outcomes. If you own a smartphone, you own digital assets. Treat them as property with a paper trail.

What counts as a digital asset

Think broadly. A digital asset is more than Bitcoin or NFTs. It includes anything of value or sentimental importance stored electronically or accessible online. Value can mean money, identity control, memories, or evidence.

Common categories we see among London ON clients:

Money-tied assets: cryptocurrency, stablecoins, exchange accounts, online brokerage accounts, PayPal balances, e-transfer autodeposit settings, in-app wallet credits, loyalty points with cash value, domain names with renewal revenue, and monetized creator accounts. Business systems: Shopify stores, Etsy shops, app store developer accounts, eBay seller profiles, Google Ads, analytics, recurring SaaS licenses bound to a founder’s account, and domain portfolios managed through registrars. Social and content: Instagram, TikTok, YouTube channels, Substack newsletters, blogs, personal domains, podcast feeds, cloud photo libraries, and email inboxes that control password resets. Access keys and authenticators: password managers, two-factor authentication apps, hardware security keys, recovery codes saved as PDFs, and carrier SIMs. Records and subscriptions: tax software, cloud backups, electronic health portals, Amazon purchases with gift card balances, music and ebook libraries, and important files stored in iCloud, Google Drive, OneDrive, or Dropbox.

Some platforms and assets can Law firm be transferred or assigned. Others only permit memorialization or deletion. The terms of service matter as much as ownership documents. As estate lawyers, we link legal authority in the will with the platform’s process, so your executor is not stuck arguing with automated support queues.

Why digital assets complicate estates

Traditional estates rely on paper. Executors collect bank statements, contact institutions, and locate investments from a home office drawer. Digital estates invert that. The file cabinet lives behind passwords and two-factor prompts. Without access, your executor can be legally empowered yet practically locked out.

The most common stumbling blocks:

Two-factor authentication. An executor has the credentials but cannot pass the additional prompt because the deceased’s phone is locked or the code goes to an email they cannot open. No inventory. Family suspects there are crypto holdings or a side business but cannot identify the platforms. Small coins and subscription credits evaporate because no one knows to look. Platform restrictions. A will directs transfer of an online account, but the platform’s terms prohibit assignment. Sometimes the only remedy is a data download or account closure, not transfer. Jurisdiction friction. Assets may sit on servers outside Canada, and support requests route through multi-national teams. Clear documentation and death certificates help, but patience runs thin when revenue is at stake. Time decay. Renewals fail when a card expires, sites go offline, and online stores lose customer trust. A three-week delay can erase momentum that took years to build.

Addressing these issues before death shrinks administration timelines. It also reduces disputes. Heirs accept outcomes more readily when they see documented intent attached to each category of digital property.

The Ontario legal backdrop and what your executor needs

Ontario’s Estates Act and Succession Law Reform Act provide the foundation, but they do not list out every modern asset. Instead, we apply general principles: assets you own form part of your estate unless a contract says otherwise. Personal representatives have legal authority to gather and manage estate property once appointed. Where the law meets the digital world, the terms of service, privacy regulations, and statutes like the federal Personal Information Protection and Electronic Documents Act frame what a platform can release.

In practical terms, your executor needs three things:

Clear authority in the will to access, manage, and dispose of digital assets and digital records, including the power to bypass, reset, or recover credentials in a lawful manner, and to deal with platform providers. A working inventory that points to what exists and where to find it. Not necessarily the keys themselves inside the will, but a secure roadmap. A lawful way to satisfy two-factor and identity verification requirements, which usually means access to your phone, recovery email, or hardware keys, or pre-arranged legacy tools some platforms provide.

When we draft at Refcio & Associates, we treat digital authority as explicit, not implied. We pair this with practical guidance to your executor outside the will. That dual approach satisfies both the legal and logistical pieces.

Building a digital asset inventory that actually helps

An inventory should be boring, short, and updated. If it reads like a tech manual, it will get ignored. The best version fits on one or two pages and links to a folder with details.

Here’s a light structure we use with clients, adjusted to the person’s life:

Where credentials are stored: name of password manager, how to access the emergency kit or recovery code, and who holds a copy sealed for the executor. If you insist on pen and paper, state where the envelope is locked, plus the backup plan if the safe code changes. Priority accounts: bank logins only if needed for estate administration, main email addresses, phone passcode method, cloud storage, and authentication tools. These accounts control resets for everything else. Monetized or transferable assets: crypto wallets with type and general value range, domain registrars and key domains, online stores, ad accounts, and social channels with revenue. Note if a platform has a built-in legacy contact. Subscriptions with auto-renew: web hosting, software tools, paid newsletters, and anything a business depends on. Put the cancellation order in plain language. Sentimental assets: photo libraries, family videos, and personal blogs. Include whether you want memorialization, deletion, or archive and delivery to named individuals.

We avoid placing actual passwords inside a will. Wills become public after probate. Store secrets in a password manager or a sealed memorandum kept with the will but separate from it. The will should reference that a memorandum exists and grant your executor authority to rely on it.

Dealing with crypto and other bearer-style assets

Crypto is where estates lose value fastest. Without the private keys or seed phrases, the asset may be unrecoverable. Lawsuits cannot compel a blockchain to unlock. That stark reality means process matters more than paper.

Practical measures to reduce risk:

Consolidation. Fewer wallets and exchanges mean fewer places to lose track. If you hold only on an exchange, ensure your executor can verify the account and request assistance. If you self-custody, make sure the seed phrase can be retrieved by a trusted method that survives you. Testing recovery. Do a dry run. Can your spouse or executor locate the hardware wallet and understand where the seed phrase resides without opening sealed materials? You want them confident, not guessing. Documenting intent. Some clients gift specific wallets to specific beneficiaries. Others prefer liquidation by the executor and distribution of cash. Put it in the will, and confirm tax treatment with your accountant. Crypto dispositions can trigger gains. Security balance. Oversharing keys creates theft risk. Overshadowing with secrecy strands value. The middle path is a sealed recovery kit in a safe deposit box, with access instructions and chain of custody noted in your estate plan.

A final note on tax slips and records. Keep transaction histories or export them periodically. An executor who cannot reconstruct cost basis is forced to estimate, which rarely benefits beneficiaries.

Business owners and creators have special exposure

Side businesses built on platforms are businesses nonetheless. They carry goodwill and recurring revenue. Without planning, that value erodes quickly. I have seen a profitable London ON Etsy shop stall for six weeks because no one could update shipping notices or answer refund requests. By the time the executor stabilized access, customer ratings had slid.

If you run any online venture, even as a hobby, capture the operating spine: registrar, hosting, storefront, payment processor, bookkeeping system, and advertising tools. Include who can step in on day one. If you have a partner, your shareholder agreement or partnership agreement should spell out buyout and control on death. Align your will with those documents. Contradictions cause delays and, sometimes, litigation.

Creators face platform-specific issues. YouTube and TikTok policies change. Monetization may not transfer outright, but channel content can be archived and sometimes managed by a successor under the platform’s legacy or brand management features. Where possible, structure ownership through a corporation so control transfers via shares instead of personal account credentials. A business lawyer can help formalize this, then your estate lawyer plugs the shares and shareholder directives into the will.

Social media, memorialization, and the human factor

Not every digital asset is money. Grief often focuses on photos and messages. Families want to save albums and preserve or close accounts at the right pace. This is where clarity spares conflict.

Most major platforms offer memorialization, legacy contacts, or data download tools. Apple has a Digital Legacy program that lets you appoint trusted contacts who can request your data after death. Google’s Inactive Account Manager can grant access or trigger deletion after a period of inactivity. Facebook supports memorialization. Set these now. They are not perfect, but they smooth process when emotions run high.

State your wishes in the will or an accompanying letter of instruction. Some clients want a brief period of memorialization followed by closure. Others want archives shared with specific people. If you have sensitive materials you do not want distributed, say so unequivocally. An executor appreciates specific direction at a litigation lawyer moment when family dynamics are fragile.

The role of your estate trustee, spelled out

Estate trustees, often called executors, already carry heavy duties in Ontario: gather assets, pay debts, file taxes, and distribute the estate. Digital complexity increases that burden. We draft powers to make their job workable: authority to reset passwords, communicate with providers, access devices and cloud accounts, take custody of authentication tools, and decide on archiving or deletion consistent with your instructions and applicable law.

We also warn executors about security hygiene. They should document every access attempt, keep logs of communications with providers, and avoid storing recovered data on personal devices. If a laptop needs forensic access, consider professional help rather than guesswork. We advise executors to proceed with caution where terms of service conflict with the will. Sometimes the lawful path is a notarized request paired with the death certificate and proof of authority. In other cases, it is faster to retrieve information from an unlocked device at hand, provided that action complies with law and your expressed wishes.

Common mistakes we see in London estates, and how to avoid them

Silence in the will about digital assets tops the list. Close behind is an inventory that exists only in someone’s head. A surprising third place: two-factor roadblocks. Clients test passwords, not second steps. Then there are ownership misalignments, where a vital domain sits in a freelancer’s personal account, or a business email is tied to the founder’s private Google account. Untangling that takes time.

We also see overconfidence in email control. People assume that once the executor has an email inbox, everything else can be reset. That breaks down when 2FA demands a code from a phone with no passcode access, or when a platform demands notarized documents that take weeks to assemble.

Avoiding these traps requires foresight more than money. Ten minutes spent enabling a legacy contact or adding an alternate admin to a storefront can save months later. If you manage sensitive materials, practise a recovery with the person who will act. Bluntness today is kindness later.

How a London ON law firm approaches digital estate planning

We treat digital assets as a normal part of the estate, not a novelty. In our practice at Refcio & Associates, digital planning shows up in several steps:

Discovery. We ask targeted questions about devices, email providers, password managers, crypto, domains, and any online revenue. Clients often forget assets until prompted. We explain trade-offs and the need for a succinct inventory. Drafting. We add express digital powers to the will and, where needed, to powers of attorney for property so your attorney can manage digital affairs during incapacity. We tailor bequests for crypto, domains, or monetized channels if appropriate. Coordination. For business owners, we loop in a business lawyer to reconcile corporate records, shareholder agreements, and platform ownership. For real property tied to smart devices and cloud-controlled systems, we align with the real estate lawyer so access and transfer are smooth on sale or transition. Implementation. We guide clients to set legacy contacts, prepare the sealed memorandum, and store it with the will. If someone is in financial distress, we think ahead with our bankruptcy lawyer colleagues about how digital assets interact with insolvency. Review. Life changes. So do platforms. We encourage a biennial check-in or a quick update after major events: marriage, divorce, a new child, moving homes, a business sale, or a new category of asset like an NFT drop or a new subscription stack.

Clients sometimes ask whether they need separate documents or a “digital will.” In Ontario, a well-drafted primary will with strong digital provisions, supported by a practical memorandum and sensible platform settings, does the job. For certain businesses, dual wills can reduce probate exposure, but that is a tax and administration strategy rather than a digital requirement.

What happens if you do nothing

Estates still settle, but more value leaks out. Executors spend hours explaining the obvious to support systems not designed for death. Auto-renewals continue. Domain names expire. Crypto sits beyond reach. Family has to decide what to do with embarrassing or contentious content without guidance. The law firm’s invoice climbs because legwork replaces planning.

We have had files where the cloud photo library contained the only images of children under five, and no one knew the Apple ID credentials. That case ended well after a long process with Apple’s legacy tool and a court order, but time stretched the family’s grief. Planning would have cost an evening and a few clicks.

A simple sequence that works

If you want one coherent starting point, follow this short sequence in order. It covers most risk without requiring spreadsheets or special software:

Choose and set up a password manager with an emergency access feature. Record how the emergency key can be retrieved. Put that retrieval method in your inventory. Identify and secure the three master controls: primary email, phone unlock, and cloud storage. Confirm someone can access them lawfully when needed. List money-tied and revenue-generating accounts. State intent: transfer, close, or liquidate. For crypto, specify the location of seed phrases or hardware and the recovery process. Set platform legacy tools where available, and add at least one alternate admin for any business-critical account. Create a sealed memorandum with access instructions and store it with your signed will. Tell your executor and one trusted person where it is and when to use it.

From there, you can refine. A family lawyer might integrate parenting considerations like shared photo access or school portal credentials during separation or divorce. A real estate lawyer may advise on smart home devices and utility apps during a sale, making sure your buyer does not get locked out of the thermostat. A business lawyer ensures that brand assets live in the company, not in a founder’s personal logins. A bankruptcy lawyer will advise on how digital assets may be treated if creditors are involved. The point is coordination. London ON lawyers who see the whole picture prevent gaps.

Specific platform notes our clients ask about

Apple: Use Digital Legacy to name contacts who can access your data. Make sure your executor can unlock your devices or has a path to request access. Keep the device passcode method known to the right person, not just the Apple ID password.

Google: Set Inactive Account Manager with a sensible timeout, a trusted contact, and clear instructions about data sharing or deletion. Remember that Android phones may lock critical 2FA behind this account.

Facebook and Instagram: Decide whether you want memorialization or deletion. Name a legacy contact in settings. If you run ads for a business, ensure someone else has admin rights.

Microsoft and Dropbox: Document where archives and business files live. If your business uses OneDrive or SharePoint under Microsoft 365, confirm admin access is not tied solely to your personal mailbox.

Domains and hosting: Keep auto-renew on for important domains, but ensure the payment method will remain valid long enough for the executor to transfer or sell. Note the registrar and hosting provider. For valuable domain portfolios, get a valuation and instructions for sale channels.

Crypto: Keep an updated list of wallets by type. If you use multi-signature setups, document signers and thresholds. Store hardware wallets and backup phrases in separate secure locations as appropriate.

Costs, taxes, and how effort pays back

Time spent now buys lower executor fees, lower legal fees, and fewer late-night calls. Costs to set up are modest: a password manager subscription, a safe deposit box, and a will update. The big-ticket savings show up in administration. Where crypto or a profitable online operation is involved, the difference can reach five figures.

From a tax perspective, digital assets are not special in Canada. They follow the same capital gains or income rules as their equivalents. Selling crypto in the estate can trigger gains. Monetized content may generate ongoing income that must be reported. Executors should coordinate with the accountant to file terminal and estate returns correctly. Keep enough records to establish adjusted cost base and revenue timing.

When to revisit your plan

Technology changes. People change faster. Revisit your digital provisions when you add a new platform with value, change phones, shift 2FA methods, incorporate your business, separate from a spouse, or hand key duties to an employee. A light annual review works for most. Tie it to a natural calendar event, like tax preparation. If nothing changed, write “no changes” on your inventory, initial it, and file. That tiny habit signals to your executor that the document is current.

Working with London ON lawyers who see the details

A good estate lawyer should ask about your digital life as naturally as they ask about your home, RRSP, or beneficiary designations. At a full-service London ON law firm like Refcio & Associates, we can loop in colleagues quickly. A family lawyer can align parenting portals and privacy concerns after separation. A real estate lawyer can ensure smart home transitions are documented. A business lawyer can restructure ownership of online assets into a corporation and create continuity plans. If insolvency is on the horizon, a bankruptcy lawyer can map creditor exposure to digital holdings before you lock in your plan. That cross-practice view keeps surprises to a minimum.

The core message is simple: name it, authorize it, and show someone how to reach it. Your executor will thank you. Your beneficiaries will see the outcome you intended. And the hidden value inside your accounts, photos, and projects will not vanish into support-ticket limbo.

If you are updating your will or starting one for the first time, bring your phone, your list of main accounts, and the name of any password manager you use. A focused initial meeting usually runs under an hour. We draft with your digital life in mind, then you leave with a clear checklist to finish at home. When it matters, the plan will work.

AI Share Links

https://rrlaw.ca
Refcio & Associates is a full-service law firm based in London, Ontario, supporting clients across Ontario with a wide range of legal services.
Refcio & Associates provides legal services that commonly include real estate law, corporate and business law, employment law, estate planning, and litigation support, depending on the matter.
Refcio & Associates operates from 380 York St, London, ON N6B 1P9 and can be found here: Google Maps.
Refcio & Associates can be reached by phone at (519) 858-1800 for general inquiries and appointment scheduling.
Refcio & Associates offers consultative conversations and quotes for prospective clients, and details can be confirmed directly with the firm.
Refcio & Associates focuses on helping individuals, families, and businesses navigate legal processes with clear communication and practical next steps.
Refcio & Associates supports clients in London, ON and surrounding communities in Southwestern Ontario, with service that may also extend province-wide depending on the file.
Refcio & Associates maintains public social profiles on Facebook and Instagram where the firm shares updates and firm information.
Refcio & Associates is open Monday through Friday during posted business hours and is typically closed on weekends.

People Also Ask about Refcio & Associates

What types of law does Refcio & Associates practice?

Refcio & Associates is a law firm that works across multiple practice areas. Based on their public materials, their work often includes real estate matters, corporate and business law, employment law, estate planning, family-related legal services, and litigation support. For the best fit, it’s smart to share your situation and confirm the right practice group for your file.

Where is Refcio & Associates located in London, ON?

Their main London office is listed at 380 York St, London, ON N6B 1P9. If you’re traveling in, confirm parking and arrival instructions when booking.

Do they handle real estate transactions and closings?

They commonly assist with real estate legal services, which may include purchases, sales, refinances, and related paperwork. The exact scope and timelines depend on your transaction details and deadlines.

Can Refcio & Associates help with employment issues like contracts or termination matters?

They list employment legal services among their practice areas. If you have an urgent deadline (for example, a termination or severance timeline), contact the firm as soon as possible so they can advise on next steps and timing.

Do they publish pricing or offer flat-fee options?

The firm publicly references pricing information and cost transparency in its materials. Because legal matters can vary, you’ll usually want to request a quote and confirm what’s included (and what isn’t) for your specific file.

Do they serve clients outside London, Ontario?

Refcio & Associates indicates service across Southwestern Ontario and, in many situations, across the Province of Ontario (including virtual meetings where appropriate). Availability can depend on the type of matter and where it needs to be handled.

How do I contact Refcio & Associates?

Call (519) 858-1800, email [email protected], or visit https://rrlaw.ca.
Social: Facebook | Instagram | YouTube

Landmarks Near London, ON

Refcio & Associates is proud to serve the London, ON community and provides legal services for individuals, families, and businesses.
If you’re looking for legal services in London, ON, visit Refcio & Associates near Budweiser Gardens.

Refcio & Associates is proud to serve the Downtown London community and offers support across a range of legal matters.
If you’re looking for a law firm in Downtown London, visit Refcio & Associates near Covent Garden Market.

Refcio & Associates is proud to serve the London, ON community and provides legal services with a practical, client-focused approach.
If you’re looking for legal services in London, ON, visit Refcio & Associates near London Convention Centre.

Refcio & Associates is proud to serve the London, ON community and supports clients with business and personal legal needs.
If you’re looking for a law firm in London, ON, visit Refcio & Associates near Victoria Park.

Refcio & Associates is proud to serve the London, ON community and provides legal services that may include real estate and business matters.
If you’re looking for legal services in London, ON, visit Refcio & Associates near Museum London.

Refcio & Associates is proud to serve the London, ON community and helps clients navigate legal processes with clear next steps.
If you’re looking for a law firm in London, ON, visit Refcio & Associates near Grand Theatre.

Refcio & Associates is proud to serve the London, ON community and offers legal services for individuals and organizations.
If you’re looking for legal services in London, ON, visit Refcio & Associates near Western University.

Refcio & Associates is proud to serve the London, ON community and provides legal services that may include employment and contract-related support.
If you’re looking for a law firm in London, ON, visit Refcio & Associates near Fanshawe College.

Refcio & Associates is proud to serve the London, ON community and offers legal services with an emphasis on practical outcomes.
If you’re looking for legal services in London, ON, visit Refcio & Associates near Storybook Gardens.

Refcio & Associates is proud to serve the London, ON community and supports a range of legal needs for local residents and businesses.
If you’re looking for a law firm in London, ON, visit Refcio & Associates near London International Airport.