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ARTICLE · 08 NOVEMBER 2022

Dealing With Digital Assets On Death

Fogler, Rubinoff LLP
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The definition and scope of digital assets is ever-evolving as technologies develop.

CanadaTechnology
Ashley Naipaul
Ashley Naipaul
Kathryn Balter
Kathryn Balter
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The definition and scope of digital assets is ever-evolving as technologies develop. Our social, financial, personal and professional landscapes have undergone a shift with the advent of YouTube, Twitter, and Bitcoin (to name a few digital products). It is no surprise then, that the existing legal frameworks are either silent or ineffective when it comes to dealing with digital assets within an estate.

On November 7, Ashley Naipaul and Kathryn Balter of our Wills and Estates team will be speaking at the 2022 ALCO/Government of Ontario Educational Conference on the topic of Dealing with Digital Assets on Death.

There is currently no legislation in Ontario that governs the issue of access to and disposition of digital assets upon an asset-holder's death. As a result, estate trustees are left to navigate this issue in the context of privacy law (i.e. PIPEDA), service agreements (which are often subject to governing laws outside of Canada) and estate law principles.

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