What happens to a deceased person's digital assets and online accounts in British Columbia?
This answer covers the law of British Columbia.
In British Columbia, your authority over a deceased person's email, social media, cloud storage and cryptocurrency comes from your general authority as personal representative under the Wills, Estates and Succession Act. A personal representative has the same authority over the estate as the deceased would have if living, subject to a contrary intention in the will and to any enactment. That includes accounts held by third parties, but their terms of service may still apply.
Each platform sets its own rules about what it will release, so confirm requirements with the provider. Institutions set their own rules on whether probate is required before releasing assets or closing accounts; some require a grant of probate, others do not. Your duties include cancelling subscriptions and charge cards and redirecting mail.
Without passwords, begin by listing the accounts you know about and contacting each provider rather than guessing. Cryptocurrency may be unreachable without its keys, so get advice early. Also contact both Equifax and TransUnion to report the death and reduce fraud risk. A lawyer can confirm what a particular platform or probate step requires.
Key takeaways
- A personal representative has the same authority over the estate as the deceased would have if living, subject to the will and any enactment.
- Terms of service of third-party accounts may still apply even though you have authority over the estate.
- Institutions set their own rules on whether probate is required before they release assets or close accounts.
- Cancelling subscriptions and charge cards and redirecting mail are part of an executor's listed duties.