Find out how the digital shift may impact how you plan your estate, and tips for pre-planning your digital assets.
The digital age is here, and for many of us, online and digital technologies touch our daily lives in a wide variety of ways. Whether it’s emails, e-commerce, banking, social media or otherwise, these technologies can offer a range of benefits, convenience and a means to stay connected. At the same time, from an estate perspective, as more of us increasingly “go digital” with our lives and information, this also marks an important turning point where we need to take a step back and consider the scope of our digital footprint, as well as why and how our digital assets need to be part of our estate plans.
As online technologies and capabilities have evolved over the years, the general tendency among many Canadians has been to both do more and store more digitally. And with new innovations continually pushing the bar for digital offerings, options, services and flexibility, the gravitation towards the digital realm shows no signs of slowing.
Canada is one connected country, and for many reasons, that’s a great thing, comments Sharon Hartung, founder and principal, Your Digital Undertaker, and Society for Trust and Estate Practitioners (STEP) TEP member. But there are implications to our use of technology in the planning of our estates most people don’t realize. The home office, in large part, isn’t paper anymore, and a great deal of our pertinent information, files, accounts and lives now exist online or in some other digital format. This shift could pose real challenges for estate planning and estate administration, but the good news is that with an awareness, you can proactively plan for your estate, including the digital assets and associated elements.
Canada is one connected country, and for many reasons, that’s a great thing,
But there are implications to our use of technology in the planning of our estates most people don’t realize. The home office, in large part, isn’t paper anymore, and a great deal of our pertinent information, files, accounts and lives now exist online or in some other digital format. This shift could pose real challenges for estate planning and estate administration, but the good news is that with an awareness, you can proactively plan for your estate, including the digital assets and associated elements.
When it comes to the term “digital asset,” there’s no universal definition that applies across the board (some resources define it broadly as an electronic record). The STEP recognizes digital assets as those that have financial and/or sentimental value, in much the same way as other physical assets or possessions.4
To gain a better understanding of your digital assets, Hartung suggests it may be helpful to look at the full scope of what you do, access and store digitally and then separate out the financial and sentimental aspects.
Technology has become so pervasive and so second-nature for some people, and I think that contributes to overlooking much of our digital footprint and what would be included as part of an estate, shares Hartung. To reframe it, I like to ask: Do you use email? Do you have loyalty points? Are you engaged in a social media community or have a blog? Do you use online banking or pay bills online? Do you have digital photos or a digital music collection? If so, this means you have digital assets, each with its own type and level of value that’s unique to you and your family.
Technology has become so pervasive and so second-nature for some people, and I think that contributes to overlooking much of our digital footprint and what would be included as part of an estate,
To reframe it, I like to ask: Do you use email? Do you have loyalty points? Are you engaged in a social media community or have a blog? Do you use online banking or pay bills online? Do you have digital photos or a digital music collection? If so, this means you have digital assets, each with its own type and level of value that’s unique to you and your family.
In conceptualizing digital assets, it’s also important to distinguish them from digital accounts—the assets are items such as your emails, documents, images, audio or video files that are stored on digital devices, whereas the accounts are where you gain access to the assets (e.g. email account, file sharing account or social media account).
As Hartung discusses in her book, Your Digital Undertaker: Exploring death in the digital age in Canada, to better understand your digital life and what that means from an estate standpoint, it’s important to first understand what an estate is and what happens to your physical assets and then use that awareness in organizing your digital affairs.
In general, an estate can be defined as the property you own or that you have legal interest in. An estate includes your real estate, personal property, securities and other assets and liabilities. In administering an estate after someone passes away, a Will is the guiding legal document that outlines how property and possessions are to be distributed, according to that person’s wishes.
While many make the assumption that their estate would pass to their spouse if they were to pass away without a Will, in reality what happens is that they’d be deemed to have died “intestate.” Dying intestate generally means your estate will be administered in accordance with provincial or territorial legislation based on where you resided at death—in other words, you lose the element of choice with your wishes and intentions.
Poll data currently indicates that among Canadians, only about one-third have an up-to-date Will.5 Given this low percentage, and because digital assets are a relatively newer territory in estate planning, it’s rare that digital assets are properly accounted for.
As Hartung reinforces, A current Will is fundamental to dealing with one’s assets, including digital assets. Today that means your Will has a clause or additional words that specifically address your digital assets and give your executor the directions and powers to deal with them—that’s a new framework of thinking for most people. Without a Will or without pre-planning and including your wishes around your digital assets in your estate plan, even our precious memories, such as our digital photos, can now be lost.
A current Will is fundamental to dealing with one’s assets, including digital assets. Today that means your Will has a clause or additional words that specifically address your digital assets and give your executor the directions and powers to deal with them—that’s a new framework of thinking for most people. Without a Will or without pre-planning and including your wishes around your digital assets in your estate plan, even our precious memories, such as our digital photos, can now be lost.
While there aren’t many current platforms that offer pre-planning features, there are a few that allow users to select someone who will have access to the account after the user passes away. Where these features do exist, there’s still a lack of awareness about them, so it’s worthwhile to look into the settings and use the pre-planning functions where possible.
In much the same way as with other types of property that form your estate, including your digital property in your Will and estate plans is the best way to ensure the financial and sentimental value of those assets doesn’t get lost.
The good news is that all the estate planning basics still apply, such as creating an inventory of your assets and property, thinking about what you want done with your estate—including your digital estate now—including them in a Will and leaving instructions for the executor, Hartung explains. But because of the virtual nature of a digital asset, an executor isn’t just going to stumble upon it in your home office as they perhaps would’ve in the past with a printed bank statement amongst your papers and hardcopy files. The pre-planning becomes key because the executor needs to know you have the digital assets in order to find them and deal with them.
The good news is that all the estate planning basics still apply, such as creating an inventory of your assets and property, thinking about what you want done with your estate—including your digital estate now—including them in a Will and leaving instructions for the executor,
But because of the virtual nature of a digital asset, an executor isn’t just going to stumble upon it in your home office as they perhaps would’ve in the past with a printed bank statement amongst your papers and hardcopy files. The pre-planning becomes key because the executor needs to know you have the digital assets in order to find them and deal with them.
Another key aspect to think about is digital assets that can live on, such as social media. Here, it becomes important to give thought to whether you want those accounts to have an afterlife online or whether you’d prefer to have them shut down.
When it comes to the approach in planning for our digital lives and assets, I think two key questions to ask are: How is the executor supposed to know what you have? And, where is the executor supposed to find the information? notes Hartung.
When it comes to the approach in planning for our digital lives and assets, I think two key questions to ask are: How is the executor supposed to know what you have? And, where is the executor supposed to find the information?
In creating a Will and as part of estate planning, a central consideration is who you want to choose and appoint as the executor (called an “estate trustee” in Ontario and a “liquidator” in Quebec). This is an integral role in the administration of an estate, as the executor is responsible for managing and distributing the estate according to the wishes outlined in the Will.
With the digital age, the executor job has changed—I think it’s already the least understood of all jobs you could be asked to do by your family, but in the past, when the executor had a paper trail, they had a fighting chance to figure out what an estate consisted of, explains Hartung. Today, they’re likely faced with a laptop or a tablet, which is likely locked. Secondly, we now own assets that are virtual, such as our loyalty points or digital photos. These may have significant value, but they might not be known or obvious to the executor.
With the digital age, the executor job has changed—I think it’s already the least understood of all jobs you could be asked to do by your family, but in the past, when the executor had a paper trail, they had a fighting chance to figure out what an estate consisted of,
Today, they’re likely faced with a laptop or a tablet, which is likely locked. Secondly, we now own assets that are virtual, such as our loyalty points or digital photos. These may have significant value, but they might not be known or obvious to the executor.
For more information on the responsibilities and requirements of an executor, please view the RBC Royal Trust Executor Duties Checklist and Liquidator Duties Checklist.
Given the very nature of digital assets and their associated implications for an estate, this brings to light the importance and necessity of taking stock of your digital assets, documenting what they are, where they are and how you’d like them to be handled.
As Hartung explains, We need to consider digital assets as a new class of assets. In general, they require pre-planning in order for the beneficiaries to benefit from the intentions of the person who’s passing them down.
We need to consider digital assets as a new class of assets. In general, they require pre-planning in order for the beneficiaries to benefit from the intentions of the person who’s passing them down.
For digital assets that have financial value, you have to plan ahead for them so they can be found, secured and transferred to the right beneficiary. The same thinking holds true for digital items that have sentimental value, as things like photos, videos, blogs or family history may be central to leaving memories and passing along a legacy.
This is the first generation where we’re going to be passing digital assets, which is very significant, emphasizes Hartung. In this entirely new wave of estate planning, building increased awareness is a great first step in helping families prepare and can be a good catalyst for taking action.
This is the first generation where we’re going to be passing digital assets, which is very significant,
In this entirely new wave of estate planning, building increased awareness is a great first step in helping families prepare and can be a good catalyst for taking action.
Find out more about other potential aspects to consider, and how digitalization may impact Will planning, in the RBC Wealth Management article, “Have you planned your digital legacy?”.
This document has been prepared for use by the RBC Wealth Management member companies, RBC Dominion Securities Inc. (RBC DS)*, RBC Phillips, Hager & North Investment Counsel Inc. (RBC PH&N IC), RBC Global Asset Management Inc. (RBC GAM), Royal Trust Corporation of Canada and The Royal Trust Company (collectively, the “Companies”) and their affiliates, RBC Direct Investing Inc. (RBC DI) *, RBC Wealth Management Financial Services Inc. (RBC WMFS) and Royal Mutual Funds Inc. (RMFI). *Member-Canadian Investor Protection Fund. Each of the Companies, their affiliates and the Royal Bank of Canada are separate corporate entities which are affiliated. “RBC advisor” refers to Private Bankers who are employees of Royal Bank of Canada and mutual fund representatives of RMFI, Investment Counsellors who are employees of RBC PH&N IC, Senior Trust Advisors and Trust Officers who are employees of The Royal Trust Company or Royal Trust Corporation of Canada, or Investment Advisors who are employees of RBC DS. In Quebec, financial planning services are provided by RMFI or RBC WMFS and each is licensed as a financial services firm in that province. In the rest of Canada, financial planning services are available through RMFI or RBC DS. Estate and trust services are provided by Royal Trust Corporation of Canada and The Royal Trust Company. If specific products or services are not offered by one of the Companies or RMFI, clients may request a referral to another RBC partner. Insurance products are offered through RBC Wealth Management Financial Services Inc., a subsidiary of RBC Dominion Securities Inc. When providing life insurance products in all provinces except Quebec, Investment Advisors are acting as Insurance Representatives of RBC Wealth Management Financial Services Inc. In Quebec, Investment Advisors are acting as Financial Security Advisors of RBC Wealth Management Financial Services Inc. RBC Wealth Management Financial Services Inc. is licensed as a financial services firm in the province of Quebec. The strategies, advice and technical content in this publication are provided for the general guidance and benefit of our clients, based on information believed to be accurate and complete, but we cannot guarantee its accuracy or completeness. This publication is not intended as nor does it constitute tax or legal advice. Readers should consult a qualified legal, tax or other professional advisor when planning to implement a strategy. This will ensure that their individual circumstances have been considered properly and that action is taken on the latest available information. Interest rates, market conditions, tax rules, and other investment factors are subject to change. This information is not investment advice and should only be used in conjunction with a discussion with your RBC advisor. None of the Companies, RMFI, RBC WMFS, RBC DI, Royal Bank of Canada or any of its affiliates or any other person accepts any liability whatsoever for any direct or consequential loss arising from any use of this report or the information contained herein.
®/TM Registered trademarks of Royal Bank of Canada. Used under licence. © 2024 Royal Bank of Canada. All rights reserved.
We want to talk about your financial future.