Episode Summary
Digital assets are no longer just a tech issue—they’re a legal, financial, and emotional part of modern estate administration. In this episode, Gordon and Jenna are joined by Nicole Garton, a seasoned estates lawyer and the President of BC’s Heritage Trust Company, to explore what executors and planners need to know about managing digital assets after death.
From crypto and cloud-stored photos to email, social media, and intellectual property, digital assets are now a vital part of estate planning—and ignoring them can lead to legal delays, disputes, or even permanent loss of value.
Key Topics Covered
- What Are Digital Assets?
- Social media accounts (Facebook, Instagram, LinkedIn)
- Email, cloud files, online banking/investments
- Cryptocurrency and NFTs
- Photos, documents, and intellectual property stored digitally
- Why Digital Assets Matter
- Some carry financial value (e.g. crypto), others deep sentimental value (e.g. family photos)
- Without planning, assets can become permanently inaccessible
- Executors face privacy laws and TOS (Terms of Service) restrictions
- Planning Considerations
- Include a digital assets clause in the will—especially the one that will be probated
- Use platform-specific tools (e.g. Apple Digital Legacy, Facebook Memorialization)
- Keep an inventory of your digital accounts—but do not share passwords (violates most TOS)
- Clearly state your wishes: which assets to share, delete, transfer, or restrict
- What Executors Should Know
- Access is often restricted—even with a will or court order
- Probate alone may not be enough; companies like Google or Meta may require court orders from their jurisdiction
- Crypto wallets require secure access to private keys—if lost, the asset may be unrecoverable
- Get legal advice early; some digital assets are difficult or impossible to access without proper planning
Best Practices and Tools
- Use estate organizers like the Canadian Estate Organizer to inventory accounts
- Consider corporate ownership for high-value domains or intellectual property
- For valuable crypto: ensure keys are stored securely and shared appropriately
- Consider appointing a digital executor or a trust company with experience in this space
Final Thoughts
Digital assets introduce a modern challenge for executors—but also a chance to protect important value. Whether managing an estate or planning your own, this episode offers practical steps to avoid costly errors and delays.
Resources Mentioned:
- Heritage Trust Company: heritagetrustcompany.ca
- Blog and Digital Assets Checklist (available on their website)
- Nicole’s podcast: Let’s Talk Legacy
Questions or referrals? Reach out to Gordon or Jenna anytime.
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Hosts:
Jenna Carvalho
The smartest way to choose an executor.
Guardian Estate Company
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Gordon VanderLeek
Give your family a legacy of protection - Wills, Estates and Trusts.
VanderLeek Law
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