- Access to digital assets generally rests on an executor's authority over the estate under WESA s. 142, and each platform's terms of service may still apply.
- Cancelling subscriptions and charge cards and redirecting mail are part of an executor's duties.
- Providers set their own document requirements, so confirm with each one what they need.
A person's life now sits in email, social media, cloud photo storage, streaming subscriptions and sometimes cryptocurrency. When you are the executor, you may find that the hardest things to reach are the ones with no paper trail.
This article explains how the law in British Columbia generally approaches digital assets, why platform rules matter, and what practical steps help you protect and sort these accounts.
This article covers the law of British Columbia.
Where the law stands in BC
There is no simple BC rulebook that says an executor can open every online account. Instead, your authority starts with the general rule in the Wills, Estates and Succession Act (WESA). 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, and must administer and distribute the estate and account to beneficiaries and creditors.
That authority covers accounts held by third parties, but the terms of service of those accounts may still apply. In practice, a platform can have its own process, and it may ask for documents before it will do anything.
Why the platform's own rules matter
Many online services are governed by user agreements the account holder accepted. Some allow memorialization, closure or limited access on request. Others may not allow a family member to log in at all. What each provider requires is something to confirm with that provider directly.
Institutions also differ on whether they need probate. Some require a grant of probate and others do not. How a particular online service handles requests from an executor is something to confirm with that provider.
Common types of digital assets
| Type | Why it matters | What to think about |
|---|---|---|
| It often receives account notices and password resets for everything else. | Do not delete it too early. Check the provider's process before relying on it. | |
| Social media | It may hold memories and public posts, and it can be a fraud risk. | Decide whether to memorialize, close or leave the account, within the platform's terms. |
| Cloud photos and files | They may have sentimental or financial value. | Ask the provider what it requires before you try to download anything. |
| Cryptocurrency | It may have real value, but access can depend on keys or passwords. | Look for hardware wallets, written recovery phrases and exchange accounts, and get advice before moving anything. |
| Subscriptions | They keep charging until cancelled. | Cancel them and any related charge cards. |
Practical steps for an executor
Your duties include inventorying assets, paying valid debts, filing tax returns, cancelling subscriptions and charge cards, and redirecting mail. Digital items fit into each of those jobs.
Providers may ask for proof of death. A death certificate is proof of death that can be ordered from the funeral home or the Vital Statistics Agency, and some services require a certified copy. Death certificates can be ordered online by credit card, in person at a Service BC counter with form VSA 430D, or by mail, and a funeral home can also supply copies. Whether a particular provider accepts a copy, or wants something more, is worth confirming with that provider.
- Search the person's phone, computer, mail and papers for clues about accounts, including password managers.
- List each account, who runs it, and whether it has money or sentimental value.
- Look for any note in the will about digital items or personal wishes.
- Ask each provider what documents it needs and confirm the answer in writing.
- Cancel paid subscriptions and charge cards.
- Contact both Equifax and TransUnion to report the death and reduce fraud risk.
- Update or cancel mail forwarding and post office boxes as needed.
Be careful about logging into someone else's account using their password. That may breach the platform's terms, so check the terms or get advice first.
Why careful handling matters
Executors and administrators may be held personally liable for valid debts of the estate if they remain unpaid after the estate is distributed. Unpaid subscriptions, card balances and crypto-related obligations can all be part of the picture.
Also note that a representative must not distribute the estate within 210 days after the grant is issued except by court order, although distribution is allowed with the consent of beneficiaries or intestate successors. That gives you time to find and value digital assets before sharing the estate.
If you are dealing with significant crypto, a business account or a dispute with a platform, speak with a lawyer or accountant about your specific facts.
Frequently asked questions
Does BC have a special law for digital assets?
Access generally depends on the executor's authority under WESA s. 142 and each platform's terms of service. The details depend on the provider and the facts, so confirm with the provider or a lawyer.
Can I log into my parent's email after they die?
Your authority as executor does not automatically override a platform's terms of service. Contact the provider to ask what it requires, and get advice before using someone else's login.
What should I do about subscriptions and social media accounts?
Cancelling subscriptions and charge cards is part of an executor's duties. For social media, check what the platform offers, such as closing or memorializing, and act within its terms.
What about cryptocurrency?
Inventorying assets is part of an executor's duties, but how crypto is treated depends on your situation, so it is worth confirming with a lawyer or accountant. Access often depends on keys or passwords, so search carefully and get advice before moving anything.
Sources
- gov.bc.ca After a Death: Deal with wills and estates — www2.gov.bc.ca
- Canada.ca Notify of a death — canada.ca
- gov.bc.ca Order certificates and copies — www2.gov.bc.ca
- gov.bc.ca After a Death: First steps — www2.gov.bc.ca
- Wills, Estates and Succession Act s. 142 (BC Laws) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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