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Wills & Estates

Should an Ontario will include a specific clause addressing digital assets and online accounts?

TSL Written by the Treadstone Law team· Updated August 2026

It's generally a good idea, even though Ontario law does not require it. A digital asset clause typically does two things: it confirms the executor has authority to identify, access, and deal with the deceased's online accounts, cryptocurrency, domain names, and similar property, and it can point the executor toward where an inventory or access instructions are kept. Because these assets often aren't visible the way a bank statement or a house is, an executor who doesn't know they exist can't administer them at all.

One important caution: a will becomes a court document once it is probated, and its contents can become accessible to people who apply to see it. For that reason, the will itself is generally not the right place to actually list passwords, private keys, or seed phrases — those belong in a separate, secure document (updated regularly and stored somewhere the executor can find it) that the will simply refers to. Because Ontario has no dedicated statute or settled practice governing digital assets, a general authority-granting clause paired with a private, current asset inventory tends to be more useful in practice than trying to anticipate every specific type of account or asset in the will's wording itself.

Key takeaways

  • Ontario law doesn't require a digital asset clause, but including one gives the executor clear authority to act.
  • The clause works best paired with a separate, private inventory of accounts, since a will becomes accessible once probated.
  • Never list actual passwords, private keys, or seed phrases directly in the will itself.
  • Keep the separate inventory current, since digital accounts and holdings change more often than most other estate assets.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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