Managing Digital Assets in Estate Planning and Administration

Digital assets can hold financial, sentimental and administrative value, but the security measures that protect them during life can become barriers for an executor after death. This presentation examines Canadian and American legal frameworks for fiduciary access, the three truths of digital asset management, and practical approaches to digital footprint mapping, estate document clauses, credential access and disposition instructions. A case study involving self-custodied cryptocurrency brings the challenges into focus, including limited executor expertise, outdated technology, CRA compliance, deemed disposition, capital gains tax, volatility and asset disposition. The discussion provides practical guidance for protecting estate value, improving administration and reducing the stress placed on executors.