Estates Made Simple
Welcome to the “Estates Made Simple” Podcast, hosted by Gordon VanderLeek, a licensed lawyer specializing in wills, estates and trusts, and Jenna Carvalho, an estate and trust consultant with over 10 years experience helping families secure their assets and plan for the future. We are a bi-weekly podcast that discusses the complicated and often confusing world of estate administration. Our goal is to provide you with the insight, knowledge and resources to help you navigate this complex process. Every episode we bring our unique perspective to provide listeners with unbiased information and practical tips to ensure success and mitigate risk. Even if you are not an executor, there will be topics of interest as you consider planning options for your own estate. Join us for helpful tips and important information on navigating estate administration so you can achieve peace of mind as an executor or administrator.
Estates Made Simple
Digital Assets in Estate Administration with Nicole Garten
Episode Summary
Digital assets are no longer just a tech issue—they’re a legal, financial, and emotional part of modern estate administration. In this episode, Gordon and Jenna are joined by Nicole Garten, a seasoned estates lawyer and the President of BC’s Heritage Trust Company, to explore what executors and planners need to know about managing digital assets after death.
From crypto and cloud-stored photos to email, social media, and intellectual property, digital assets are now a vital part of estate planning—and ignoring them can lead to legal delays, disputes, or even permanent loss of value.
Key Topics Covered
- What Are Digital Assets?
- Social media accounts (Facebook, Instagram, LinkedIn)
- Email, cloud files, online banking/investments
- Cryptocurrency and NFTs
- Photos, documents, and intellectual property stored digitally
- Why Digital Assets Matter
- Some carry financial value (e.g. crypto), others deep sentimental value (e.g. family photos)
- Without planning, assets can become permanently inaccessible
- Executors face privacy laws and TOS (Terms of Service) restrictions
- Planning Considerations
- Include a digital assets clause in the will—especially the one that will be probated
- Use platform-specific tools (e.g. Apple Digital Legacy, Facebook Memorialization)
- Keep an inventory of your digital accounts—but do not share passwords (violates most TOS)
- Clearly state your wishes: which assets to share, delete, transfer, or restrict
- What Executors Should Know
- Access is often restricted—even with a will or court order
- Probate alone may not be enough; companies like Google or Meta may require court orders from their jurisdiction
- Crypto wallets require secure access to private keys—if lost, the asset may be unrecoverable
- Get legal advice early; some digital assets are difficult or impossible to access without proper planning
Best Practices and Tools
- Use estate organizers like the Canadian Estate Organizer to inventory accounts
- Consider corporate ownership for high-value domains or intellectual property
- For valuable crypto: ensure keys are stored securely and shared appropriately
- Consider appointing a digital executor or a trust company with experience in this space
Final Thoughts
Digital assets introduce a modern challenge for executors—but also a chance to protect important value. Whether managing an estate or planning your own, this episode offers practical steps to avoid costly errors and delays.
Resources Mentioned:
- Heritage Trust Company: heritagetrustcompany.ca
- Blog and Digital Assets Checklist (available on their website)
- Nicole’s podcast: Let’s Talk Legacy
Questions or referrals? Reach out to Gordon or Jenna anytime.
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Hosts:
Jenna Carvalho
The smartest way to choose an executor.
Guardian Estate Company
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Gordon VanderLeek
Give your family a legacy of protection - Wills, Estates and Trusts.
VanderLeek Law
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