In today’s digital world, our online presence is a significant part of our lives. Social media accounts, digital photos, emails, and online subscriptions can hold both sentimental and financial value. However, without proper planning, your digital assets may be inaccessible to your loved ones after your death. Including them in your estate planning ensures your wishes are respected and your digital legacy is protected.
What Are Digital Assets?
Digital assets include:
- Social media accounts (Facebook, Instagram, Twitter, LinkedIn, TikTok)
- Email accounts (Gmail, Outlook)
- Cloud storage services (Google Drive, Dropbox, iCloud)
- Online financial accounts (PayPal, cryptocurrency wallets)
- Digital subscriptions or memberships
- Websites, blogs, or online businesses
These assets may have sentimental, practical, or even monetary value.
Why Include Digital Assets in Your Will
Without instructions, your digital accounts may be:
- Permanently deleted by the platform after your death
- Inaccessible to your loved ones
- Left unmanaged, which can cause legal or financial complications
Including digital assets in your will ensures:
- Your accounts are properly closed, memorialized, or transferred
- Passwords and access instructions are shared securely
- Your intentions for photos, videos, and online content are respected
How to Include Social Media in Your Estate Planning
- Inventory Your Accounts – Make a list of all online accounts, including login details and passwords, and note what you want done with each account.
- Provide Clear Instructions – Your will or a separate letter of wishes can specify:
- Which accounts should be deleted, memorialized, or passed to someone else
- Instructions for social media content, such as photos or posts
- Contact information for service providers if needed
- Keep Security in Mind – Avoid including passwords directly in your will, as it becomes a public document when probated. Instead, store them in a secure location, like a password manager or sealed letter, referenced in your will.
How a Lawyer Can Help
An estate lawyer can:
- Advise on including digital assets in your will
- Draft a digital asset clause or letter of wishes
- Recommend how to securely provide access to accounts
- Ensure your estate plan is comprehensive and legally valid in Ontario
Next Steps
Your social media and online presence are an important part of your legacy. Planning for your digital assets in your will protects your privacy, preserves memories, and reduces stress for your loved ones.
Contact our office to make sure your online life is part of your estate plan, along with your other important assets.
The content on this post is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship.