Who Controls Your Digital Assets After Death? Alberta Court Provides Guidance

A recent decision from the Alberta Court of King’s Bench provides helpful guidance for estate administrators, executors, and families dealing with a deceased person’s online accounts and digital property.

In Wada Estate (Re), 2026 ABKB 309, the administrators of an estate had already obtained a Grant of Administration. The Grant specifically authorized them to access and deal with the deceased’s digital assets, including email addresses, the deceased’s Apple account, passwords, electronic credentials, and related data.

Despite that clear wording, Apple Canada Inc. refused to provide access unless the administrators obtained a further court order. Apple was served with the application but did not appear.

Justice Feasby held that a further court order was not required.

A Grant of Administration Is Already a Court Order

The Court confirmed that a Grant of Administration is itself an order of the Court of King’s Bench. Once that Grant gives personal representatives authority over digital assets, a technology company cannot insist on a second, duplicate order before dealing with them.

The Court described that type of demand as an unnecessary burden on estates and, in appropriate cases, potentially an abuse of process.

This is an important point for Alberta families. Estate representatives should not have to spend additional time and money returning to court simply because a third-party service provider is unwilling to recognize a valid Alberta Grant.

Digital Assets Are Estate Property

The decision also confirms that, under Alberta’s Estate Administration Act, personal representatives have authority over estate property. That includes the power to take possession and control of property, and to do anything in relation to that property that the deceased could have done if alive and capable.

Justice Feasby made clear that “property” includes digital assets. This may include email and social media accounts, Apple, Google, Microsoft, or other platform accounts, cloud storage, online records, photographs, files, data, passwords, electronic credentials, and other digital accounts connected to the deceased’s personal, and financial, affairs.

This matters because many people now leave behind important information that exists only in digital form. Photos, email records, financial documents, business communications, subscriptions, cloud storage, and online account access may all be tied to digital platforms.

If a family member dies without proper access in place, the estate may need those accounts to identify assets, pay debts, preserve records, close accounts, or distribute property properly.

The Court’s Concern with Unnecessary Barriers

The Court was particularly concerned that large technology companies may create extra expense and delay by refusing to recognize valid Alberta Grants of Probate or Administration.

Justice Feasby stated that the Court is not in the business of issuing duplicate orders simply to satisfy risk-averse technology companies that are unwilling to understand the laws of the jurisdictions where they do business.

The Court also warned that, going forward, an uncooperative technology company demanding a redundant court order may have to explain why it should not pay significant costs.

For estate representatives, this gives practical support when dealing with a platform, bank, service provider, or technology company that refuses to recognize the authority already granted by the Court.

What This Means for Alberta Estates

The practical lesson is straightforward: digital assets should be addressed at the beginning of the estate administration process.

When applying for probate or administration in Alberta, personal representatives should consider whether the deceased had important digital assets. Where appropriate, the application materials and resulting Grant should expressly refer to authority over digital assets and online accounts, including any specific platform that may be relevant.

Clear wording in the Grant may help avoid unnecessary resistance from technology companies and other third parties. It can also make it easier for personal representatives to preserve information, access necessary records, and administer the estate efficiently.

What This Means for Estate Planning

Wada Estate is also a reminder that digital assets should be part of a modern estate plan.

Apple’s Legacy Contact feature and similar tools can make access easier after death. However, those tools are not a substitute for a properly prepared Will and a clear estate plan.

A well-drafted Will should give the executor authority to access, manage, preserve, transfer, delete, or close digital assets and online accounts. This is especially important where a person’s digital life includes cryptocurrency, online records, cloud storage, financial platforms, or important personal information.

Digital assets are no longer unusual. For many people, they are now a central part of their personal, financial, and family records.

How We Can Help

At The Calgary Legal Team, we assist clients with estate planning, estate administration, and legal issues involving digital assets.

Our team is familiar with the practical challenges that can arise when traditional estate administration intersects with online accounts, platform policies, passwords, cloud storage, cryptocurrency, and other digital property. We can help ensure that your estate plan properly addresses digital assets before a problem arises, or assist personal representatives who are already dealing with access issues after a loved one has passed away.

If you are preparing a Will, applying for probate or administration, or facing resistance from a technology company or service provider, The Calgary Legal Team can help you understand your options and take the next step.

Digital assets are now part of modern estate planning. Making sure they are properly addressed can save families time, expense, and uncertainty when it matters most.

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