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.

Subscribe to Estates Made Simple on your favourite podcast platform or YouTube.

Hosts:
Jenna Carvalho
The smartest way to choose an executor.
Guardian Estate Company
Facebook
LinkedIn
Instagram

Gordon VanderLeek
Give your family a legacy of protection - Wills, Estates and Trusts.
VanderLeek Law
Facebook
LinkedIn
Instagram