lawyerinfo.ca
June 11th, 2026
Our lives are increasingly lived online. When someone passes away, they leave behind a massive digital footprint consisting of social media profiles, cryptocurrency wallets, online banking, and paid digital subscriptions.
Traditionally, an executor’s job was to secure the physical house and empty the filing cabinets. Today, the most valuable and sensitive information is locked behind passwords and biometric face scans.
Handling digital assets during probate in Ontario presents a unique legal challenge. Unlike some jurisdictions that have enacted explicit digital asset access laws, Ontario relies on common law principles and the complex web of corporate Terms of Service (TOS) agreements.
If you simply use the deceased’s password to log into their bank account, you may technically be committing a cybercrime. Proper digital estate administration requires a methodical approach to prevent identity theft and ensure no financial value is lost in the cloud.
