- Legally, an online business and the domain names it runs on are assets like any other, and they pass through your estate the same way a physical shop or a rental property would.
- - A domain registration lapses because an automatic renewal payment fails and nobody notices - A hosting account is suspended for non-payment, taking a website offline - A payment…
- A domain name is really a registration — a contractual right to use that name for a period, administered by a registrar.
An e-commerce store, a content website, or a domain-based side business can be worth real money — but it can also unravel within days of the person running it passing away, simply because nobody knew a login existed or a renewal date was coming up. Planning for an online business or domain name in your Ontario estate plan is less about complicated law and more about making sure ordinary, practical things do not get missed.
Your Online Business Is Property — But Fragile Property
Legally, an online business and the domain names it runs on are assets like any other, and they pass through your estate the same way a physical shop or a rental property would. What is different is how quickly value can be lost if nobody is actively managing things — a lapsed domain renewal or a suspended payment processor can happen in days, not years.
What Can Quietly Fall Apart Without a Plan
- A domain registration lapses because an automatic renewal payment fails and nobody notices
- A hosting account is suspended for non-payment, taking a website offline
- A payment processor freezes funds pending verification that a deceased account holder can no longer provide
- Customer orders go unfulfilled, straining supplier relationships and creating refund obligations
- Business-critical logins exist only in the deceased’s head or on a single personal device
Is a Domain Name Something You Actually "Own"?
Not quite in the way you own a house. A domain name is really a registration — a contractual right to use that name for a period, administered by a registrar. It is still valuable property that forms part of your estate, but keeping it requires ongoing renewal rather than a one-time transfer, which is exactly why advance planning matters more here than for many other assets.
Structuring Your Business Ahead of Time
If the business is more than a hobby, consider whether it should be operated through a formal corporate structure rather than personally. This can simplify both day-to-day operation and what happens to the business later. A lawyer who works with small business owners can advise on whether incorporating, and clarifying who holds signing authority over key accounts, makes sense for your situation — see our Corporate Law page for more on how that works.
What Your Executor Needs to Keep Things Running
- [ ] Domain registrar login and renewal or payment details
- [ ] Hosting provider access
- [ ] Payment processor and business banking details
- [ ] Supplier and fulfillment contacts, if the business ships physical goods
- [ ] Access to the business’s financial records
- [ ] Any corporate documents, if the business is incorporated
If the Plan Is to Sell or Wind Down
Some online businesses are worth more sold as a going concern than kept running by an estate trustee with no experience in that industry. If that is the likely outcome for your business, say so in your planning documents, and consider whether a lawyer should be involved early, rather than after value has already started to erode.
Do Not Forget Intellectual Property and Branding
A business built online often has real value tied up in more than logins — a trademark, a distinctive brand name, product designs, or a library of original content. These are a separate category of property from the domain name or hosting account itself, and they also form part of your estate. If your business has invested meaningfully in a brand or original content, make sure whoever takes over, or eventually sells, the business knows what exists and where the underlying rights are documented.
Frequently asked questions
Does my estate trustee automatically have authority over my online business?
Generally, yes, in the same way they have authority over your other property — but that authority is only useful if they also have the practical access, such as logins and account recovery information, to actually operate or wind down the business.
What happens to a domain name if nobody renews it?
If a domain registration lapses, it typically becomes available for anyone to register once applicable grace periods pass — including third parties with no connection to your original business, which can mean permanently losing the name and the website tied to it.
Should I incorporate my online business purely for estate planning reasons?
Incorporation can simplify succession for some businesses, but it is not automatically the right answer for every online seller or content creator. This depends on the size, risk, and structure of what you are running, and is worth discussing with a lawyer.
Can my will just say "give the business to my child"?
A will can direct who inherits the business, but that direction alone does not solve the access problem. Your executor, and the eventual owner, still need working logins, financial records, and continuity of key accounts to actually run it.
What if the business is a side project, not a full company?
It still counts as estate property, even if it is unincorporated and run under your own name. The same practical risks apply — a lapsed domain or a suspended account can end a modest side business just as quickly as a larger one, so the same basic planning is worth doing regardless of size.
This is a wills & estates question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.