Your Passwords Die With You — But Your Estate Doesn’t Have To

When a loved one passes away, the last thing a grieving family should face is a standoff with a technology giant over access to an email account or a smartphone. Yet that is precisely the situation that confronted the administrators of the estate involved in the Alberta Court of King’s Bench recent decision in Wada Estate (Re). For Albertans who are planning their estates, and for personal representatives who are in the midst of administering one, the ruling offers both clarity and a stern warning to the technology companies that have routinely ignored the law.

Apple Canada Refused to Cooperate With Grant of Administration

The facts of the case are straightforward. The applicants were duly appointed administrators of the estate at issue in the case by virtue of a Grant of Administration signed on September 20, 2025. That Grant expressly authorized the administrators to access, handle, distribute, and dispose of the deceased’s digital assets, including his Apple accounts.

Despite being provided with this documentation, Apple Canada Inc. refused to cooperate. Apple insisted that it required a further, separate court order in a precise form it had dictated; one that specified, among other things, that the requestor is the “agent” of the decedent and that their authorization constitutes “lawful consent” as those terms are used in American privacy legislation.

Apple did not appear at the hearing. The Court granted the order but took the unusual step of issuing detailed written reasons to put the legal framework on record for future administrators, executors, and (pointedly) technology companies operating in Alberta.

The timing of this decision is significant. It arrives just two years after the Alberta Law Reform Institute released its final report on Access to Digital Assets in March 2024, a report that had already identified the refusal of technology companies to deal with personal representatives as a systemic problem burdening Alberta estates. The Court’s reasons transform what had been an academic and policy concern into binding judicial guidance, giving Alberta personal representatives a powerful document they can present to any company that demands more than the law actually requires.

The Estate Administration Act and Digital Property

At the heart of the Court’s analysis is the Estate Administration Act (the EAA), Alberta’s foundational statute governing the authority of personal representatives. Under section 20(1) of the EAA, a personal representative has the authority to take possession and control of estate property, to do anything in relation to that property that the deceased could have done if alive and of full capacity, and to take all steps necessary to give effect to their powers.

The critical question, one that technology companies have exploited for years, was whether “property” under the EAA encompasses digital assets. The Court’s answer is unequivocal: it does.

The EAA defines “property” as anything regarded in law or equity as property or as an interest in property. The Court confirmed that digital assets (defined broadly as any record created, recorded, transmitted, or stored in digital or other intangible form by magnetic, optical, or similar means) fall squarely within this definition. This captures, among other things, email accounts, social media profiles, cloud storage, and all manner of online accounts.

Equally important is the court’s treatment of the Grant of Administration itself. A Grant of Administration must be signed by a Justice of the Court of King’s Bench and, as Justice Feasby emphasized, is itself an order of the court. When that grant expressly addresses digital assets (as the Grant in this case did in detailed and unambiguous terms), there is no legal basis for demanding a separate, duplicative court order. The court was direct: requiring a further order that simply restates what the grant already says is an abuse of process. The administrators’ legal authority over digital assets was established the moment the Court signed the Grant. Apple’s own terms of service, which purport to eliminate any right of survivorship in an account, cannot override Alberta property law or court orders. The court also noted the irony that Apple’s own support website acknowledges the right of personal representatives to access a deceased’s account with a court order; confirming that Apple was well aware of the applicable process, yet refused to follow it.

What This Means for Executors, Administrators, and Estate Planning in Alberta

For executors and administrators currently dealing with technology companies in Alberta, this decision is an invaluable tool. The Court expressly stated that these written reasons may be provided by administrators and executors to explain the relevant law in Alberta. The decision also signals that the court is prepared to impose significant costs penalties on companies that continue to demand duplicative orders in the face of this guidance.

From an estate planning perspective, this case also illustrates how these difficulties can be avoided with proper planning. The deceased could have avoided the dispute if they had made use of Apple’s Legacy Contact feature prior to their death, which allows a user to designate an individual to access the account following their death. More broadly, Albertans should also be listing online accounts and the locations of usernames and passwords (in a secure manner), while also ensuring that the Grant of Administration or Grant of Probate issued for the estate contains express authorization over digital assets, if necessary. The Alberta court system’s online estate application process allows for this language to be included, and doing so can save beneficiaries expense and frustration.

Finally, the Wada decision is a reminder that digital assets are not a niche concern or a distant future issue; they are already a central and often contentious component of modern estate administration across Alberta. From cryptocurrency wallets and cloud storage to social media accounts and subscription services, the digital footprint of the average Albertan represents both financial value and deeply personal content. The law has now confirmed, without ambiguity, that personal representatives have the same authority over these assets as the deceased had while alive.

Protect Your Digital Legacy: Contact DBB Law in Calgary

The decision in Wada Estate (Re) confirms that digital assets may demand the same careful planning as your home, your bank accounts, and your investments. Whether you are putting together a new will and estate plan, updating an existing one, or administering the estate of a loved one who has passed away, the wills and estates lawyers at DBB Law are here to help.

We assist clients across Alberta with every aspect of estate planning and estate administration, including digital asset succession planning, drafting wills and powers of attorney, obtaining Grants of Administration and Probate, and navigating disputes with financial institutions, technology companies, and other third parties.

Don’t leave your digital legacy to chance, or to a technology company’s compliance department. To schedule a confidential consultation, please contact us online or call 403-265-7777.