In an increasingly digital world, your estate plan must account for the assets that exist only online. We ensure nothing is lost or inaccessible.
Digital Estate Planning
500$
Simple Will From
995$
Will + 2 POAs Package
55
University Ave, Toronto
Quick Answer
What are digital assets in estate planning?
Digital assets include any online or electronic property with monetary or sentimental value: cryptocurrency, online banking and investment accounts, email accounts, social media profiles, cloud-stored photos and documents, domain names, websites, digital subscriptions, loyalty points, online businesses, and digital intellectual property. All of these should be addressed in your estate plan.
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Your Legal Team
Lawyers licensed by the Law Society of Ontario
Wills, powers of attorney, probate and estate disputes
DIGITAL ASSETS OVERVIEW
Why Your Estate Plan Must Include Digital Assets
Digital assets are an increasingly significant component of modern estates. Cryptocurrency holdings, online banking and investment accounts, PayPal and e-transfer balances, social media profiles, email accounts, cloud-stored documents and photographs, domain names, websites, digital subscriptions, loyalty program points, and online business accounts all represent value that can be lost, inaccessible, or disputed if not properly addressed in your estate plan. Under the Succession Law Reform Act (SLRA), your will governs the distribution of your "property," which includes digital assets that have monetary or sentimental value.
The challenge with digital assets is twofold: first, your estate trustee needs to know what digital assets you own and how to access them; second, many digital platforms have their own terms of service that govern what happens to an account upon the user's death. Without proper planning, your estate trustee may not even be aware of significant digital holdings, and even if they are, they may face legal and practical barriers to accessing them. This is particularly acute for cryptocurrency, where losing access to a private key or wallet password can mean permanent loss of the asset.
At Lexaltico LLP, our estate planning lawyers at 55 University Avenue, Toronto help clients create comprehensive estate plans that account for digital assets alongside traditional property. Our Simple Will from $500 and Will + 2 POAs from $995 include provisions for digital asset management, and we guide you through creating a secure digital asset inventory that your estate trustee can access when needed. Most wills are completed within 5-7 business days. Book My 15-Minute Assessment today to ensure your digital life is protected.
CRYPTOCURRENCY & FINANCIAL ACCOUNTS
Cryptocurrency and Digital Financial Assets in Your Will
Cryptocurrency presents unique estate planning challenges. Unlike traditional financial assets held by regulated institutions, cryptocurrency such as Bitcoin, Ethereum, and other digital currencies may be held in self-custody wallets where access depends entirely on the holder's private key or seed phrase. If this information is not preserved and communicated securely to the estate trustee, the cryptocurrency can be permanently lost. Industry estimates suggest billions of dollars in cryptocurrency are already inaccessible due to lost keys and passwords.
Our lawyers advise on strategies for preserving access to cryptocurrency holdings, including secure storage of private keys and seed phrases, the use of multi-signature wallets, designation of a technically knowledgeable estate trustee or advisor, and the creation of detailed written instructions for accessing and transferring holdings. We also address cryptocurrency held on exchange platforms, which may be subject to the platform's terms of service and may require specific documentation (such as a death certificate and Certificate of Appointment) to release to the estate.
Digital financial assets extend beyond cryptocurrency to include online investment platforms, peer-to-peer payment services, digital banking, and online business revenue (such as e-commerce stores, affiliate income, and advertising revenue). Under the Trustee Act, your estate trustee has a duty to collect and manage all estate assets, including digital ones. We ensure your will includes appropriate clauses authorizing your estate trustee to access, manage, and distribute digital financial assets in accordance with your wishes and applicable law.
SOCIAL MEDIA & ONLINE ACCOUNTS
Planning for Social Media and Online Accounts
Social media accounts, email accounts, and other online platforms present estate planning issues that go beyond monetary value. Your Facebook, Instagram, LinkedIn, X (formerly Twitter), and other social media profiles may contain years of personal memories, professional connections, and intellectual property. Many platforms have specific policies for deceased users: Facebook allows memorialization or deletion through a legacy contact, Google has an Inactive Account Manager feature, and Apple has a Digital Legacy program. Without advance planning, your estate trustee may have no authority to access or manage these accounts.
Email accounts are particularly important because they often serve as the recovery mechanism for other online accounts. Access to a deceased person's primary email can be the key to identifying and managing their entire digital footprint. We advise clients on designating legacy contacts where platforms offer this feature, documenting account information in a secure digital asset inventory, and including specific provisions in their Power of Attorney for Property under the Substitute Decisions Act, 1992 to address digital accounts during any period of incapacity.
Ontario does not yet have specific legislation governing digital asset access after death (unlike some jurisdictions that have adopted the Uniform Law Conference of Canada's Uniform Access to Digital Assets by Fiduciaries Act). This makes it all the more important to plan proactively. Our estate planning team at Lexaltico LLP creates wills and POAs that include express authority for fiduciaries to access, manage, and dispose of digital assets and accounts. Our Couples Package from $1,495 ensures both partners have comprehensive digital estate planning. Get Started Today at our office at 55 University Avenue, Toronto.
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Digital assets include any online or electronic property with monetary or sentimental value: cryptocurrency, online banking and investment accounts, email accounts, social media profiles, cloud-stored photos and documents, domain names, websites, digital subscriptions, loyalty points, online businesses, and digital intellectual property. All of these should be addressed in your estate plan.
How do I include cryptocurrency in my will?
Your will should include provisions authorizing your estate trustee to access and manage cryptocurrency holdings. Separately, you should create a secure system for preserving wallet passwords, private keys, and seed phrases so your estate trustee can actually access the assets. Never include private keys or passwords in the will itself, as wills become public documents through the probate process.
What happens to my social media accounts when I die?
Each platform has its own policy. Facebook allows memorialization or deletion through a legacy contact. Google's Inactive Account Manager allows you to designate someone to receive your data. Without advance planning, your estate trustee may have limited ability to access or manage these accounts. We help you set up legacy contacts and include digital asset provisions in your will and POAs.
Should I store my passwords in my will?
No. A will becomes a public document once it is probated. Never include passwords, private keys, PINs, or other access credentials in your will. Instead, create a separate, secure digital asset inventory that is stored safely and accessible to your estate trustee. We advise on secure storage methods during your estate planning consultation.
How much does a will with digital asset planning cost?
Our Simple Will starts at $500 and our Will + 2 POAs package is $995. Both include provisions for digital asset management. Our Couples Package from $1,495 covers both partners. We also provide guidance on creating a digital asset inventory and implementing secure access protocols for your estate trustee. Most wills are completed within 5-7 business days.
Does Ontario have a law specifically about digital assets in estates?
Ontario has not yet enacted specific legislation governing fiduciary access to digital assets. The Uniform Law Conference of Canada has proposed the Uniform Access to Digital Assets by Fiduciaries Act, but it has not been adopted in Ontario. This makes it essential to include express digital asset provisions in your will and powers of attorney, rather than relying on legislation that does not yet exist.
What should I include in a digital asset inventory?
A comprehensive digital asset inventory should list all online accounts (financial, social media, email, shopping, subscriptions), cryptocurrency wallets and exchange accounts, domain names and websites, cloud storage accounts, and digital intellectual property. For each item, record the platform, username, and a reference to where access credentials are stored. Update the inventory regularly and store it securely. We guide you through this process during your consultation at 55 University Avenue, Toronto.
Book My 15-Minute Assessment
Talk to Us About Digital Estate Planning
Our lawyers offer a 15-minute initial assessment for most matters. Call, email, or book online. Do not sign anything before speaking with us.
Lexaltico LLP
Downtown Toronto
55 University Ave, Suite 1100 Toronto, ON M5J 2H7
North York
2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7
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★★★★★
“I had the absolute pleasure of working separately with two lawyers from Lexaltico — Pooja Lassi and Matthew Ram — on different matters. The level of professionalism, expertise, and care demonstrated by each of them was consistently exceptional. They do not simply service your needs — they take the time to thoroughly understand your situation and proactively problem-solve.”
SJR
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Initial Assessment
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Limitation Periods
Failure to commence proceedings within applicable limitation periods may permanently bar your claim. In Ontario, the general limitation period is two (2) years from discovery under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B. Seek legal advice promptly.
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Reviews shown on this site are written by third parties and published on platforms we do not control. Each describes one person’s experience of one matter. They are not a promise, a prediction or a guarantee about any other matter, and they should not be read as a statement about the quality of legal services generally. Every case turns on its own facts.
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Not everyone at the firm is a lawyer. Licensed paralegals in Ontario may act only within the scope permitted by the Law Society of Ontario, which does not include most family, estate or criminal matters. Immigration consulting may be provided by Regulated Canadian Immigration Consultants, who are not lawyers. Each page and each biography states which applies. Ask us at the outset who will handle your matter and under which licence.
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We serve clients in a number of languages. Every page of this site is written and published in English. Where a document, a summary or a conversation is provided in another language, the English version governs in the event of any difference. If you need an interpreter, tell us when you book and we will arrange one.
Lexaltico LLP
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How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
What we collect
What you give us
When you use a form on this site, email us or telephone us, we collect what you choose to send:
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How we use it
Purpose
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Your rights under PIPEDA
Under the Personal Information Protection and Electronic Documents Act,
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Client files are kept for the period the law and the Law Society require, ordinarily
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If you are not satisfied with our answer you may complain to the Office of the Privacy
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Short, and written to be read rather than scrolled past.
The four things that matter most
Nothing on this site is legal advice, however specific it looks.
Using the site or sending a form does not make us your lawyers.
Do not send confidential information before a retainer is signed.
Past results depend on their own facts and do not predict yours.
What this site is
Information, not advice
This site publishes several hundred pages about Ontario law. They are written carefully, they cite
statutes and cases by name, and they are reviewed. None of that makes them advice about your
matter. Law is applied to facts, and we do not know yours.
The difference is practical rather than technical. A page explaining that spousal support is
usually indefinite after a twenty year marriage is accurate as a general statement and may be
wrong about you, because of a domestic contract you signed, a period of separation you have
forgotten, or an income that is not what a tax return says it is.
Law also changes. Pages carry a review date where one is relevant. A page reviewed last year may
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When we become your lawyers
Three things must happen first
A conflict check must be completed. We act for a great many people and
businesses, and we cannot act against a current client or use what we learned from a former one.
That check happens before anything else and occasionally means we have to decline.
We must confirm in writing that we are prepared to act. Not every matter is one we
can take, and saying so early is better than taking a file we cannot properly serve.
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Confidentiality before a retainer
Why you should not send us documents yet
Information sent through a form, or by email, before a retainer is signed is not covered by
solicitor client privilege. That is not a policy we chose. It follows from there being no
solicitor client relationship for the privilege to attach to.
It can also create a problem for you. If you send us detailed information about a dispute and we
are later approached by the other side, what you sent may affect whether we can act for either of
you.
So tell us the shape of the problem and leave out the detail: the area of law, roughly when it
arose, and whether anything is urgent. That is enough for us to say whether we can help. The
documents come after the retainer.
Results, testimonials and reviews
What they do and do not tell you
Case results described anywhere on this site are real and are described accurately, and they are
specific to their own facts. A settlement at three times the original offer happened because of
that employer, that contract and that person’s history. It says nothing about what your
matter is worth.
Client reviews are the views of the people who wrote them. We do not offer anything in return for
a review, we do not write them, and we do not ask only the clients we expect to be positive.
Calculators on this site produce estimates from the figures you enter. They apply published
formulas and they cannot know about the facts that most often change the answer.
Copyright, links and governing law
Copyright
The content of this site belongs to Lexaltico LLP or its licensors. You are welcome to read it,
print it and quote it with attribution. You may not republish it as your own.
Links
We link to statutes, regulations, court decisions and government pages because a reader should be
able to check us. We do not control those sites and are not responsible for them, and a link is
not an endorsement.
Limitation of liability
To the fullest extent the law permits, Lexaltico LLP is not liable for any loss arising from your
use of, or reliance on, anything published on this website.
Governing law
These terms are governed by the law of Ontario and the federal law of Canada that applies in
Ontario. Lawyers and licensed professionals at the firm are regulated by the Law Society of
Ontario, and marketing on this site is intended to comply with the
Rules of Professional Conduct.
Every limit on what this website tells you, and every thing it does not do, in one
place rather than in small print at the bottom of each page.
Before you rely on anything here
Four limits, and they matter in this order.
Not legal advice
Everything published on this website is general information. It is not legal
advice, it does not take account of the facts of any particular situation, and reading it does not
create a solicitor client relationship. Do not act, or decide not to act, on anything here without
speaking to a lawyer licensed in your jurisdiction about your own circumstances.
Jurisdiction
These pages describe the law of Ontario, and of Alberta only
where a page says so expressly. They do not describe the law of any other province, territory or
country. Law that looks similar across jurisdictions frequently is not.
Currency of the law
Each page states the law as at the review date shown on it. Legislation is amended and case law
develops. A page accurate when written may no longer be.
Generality
These pages describe how a rule usually works. That is not the same as how it applies to your
facts. The exceptions are where most real matters live, and a page written for a general reader
cannot tell you whether you are inside a rule or inside its exception.
If you contact us
If you are in danger
If you or a child are in immediate danger, call 911.
This website is not an emergency service. Enquiries sent through a form here are read during
business hours and a reply may take up to one business day.
Using this website, submitting a form, sending an email or speaking to us on the telephone does
not make us your lawyers. That relationship arises only when the firm has
confirmed in writing that it has agreed to act, a conflict search has been completed, and a
retainer has been signed.
Confidentiality of enquiries
Do not send confidential or sensitive information through this website or by email until we have
confirmed in writing that we can act for you. Information sent before that point is
not treated as confidential and may prevent us from acting for you, or for
someone else, in a connected matter.
Response times
We aim to reply within one business day. Contacting us does not guarantee a reply within any
particular period, does not oblige the firm to act, and does not stop, extend or satisfy
any limitation period, filing date or court deadline.
Our telephone line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken
by our intake service, who record your details and pass them to the firm. A lawyer responds during
the next business day, or sooner if the matter is urgent. Answering the telephone is not the same
as giving legal advice, and no relationship arises from that call.
Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
All referral fee arrangements, including through LexKonnect, comply with
Rule 3.6-6 of the Law Society of Ontario’s
Rules of Professional Conduct. Fees are disclosed to and consented
to by the client, and no arrangement impairs the independent professional judgment of any lawyer
at the firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
