Wills and Intellectual Property (IP): How to Protect Your Creative and Digital Assets

Most Canadians know they should have a will. But what most don’t think about is how a will is about more than assets like homes or cars, savings, or personal belongings – it’s also about the ideas, creations, and digital work you leave behind.

If you’ve ever written a book, built a website, designed a logo, composed music, coded software, or grown an online audience, you likely own intellectual property (IP). And without clear planning, that intellectual property can be overlooked, disputed, or lost after you die.

This guide breaks down what you need to know about wills and IP. We’ll explain what counts as IP, why it matters in estate planning, and how Canadians can protect it using online will platforms like Willful.

What Counts as Intellectual Property in Your Estate?

Intellectual property is a legal term for creations of the mind. In Canada, IP is protected by federal law and can hold real financial and personal value long after you’re gone.

Here’s how intellectual property is typically addressed in a will:

Under Canada’s Copyright Act, copyright is treated as property and can be transferred through a will. The Government of Canada confirms that copyright “may be assigned either wholly or partially” and continues after death for the remainder of its term.

That means your creative work can keep generating income from royalties, licensing fees, or business value if it’s properly documented.

Why You Should Include IP in Your Will

When intellectual property isn’t addressed, Canadian estate law defaults apply (these are called “intestacy rules” in each province). That can lead to confusion, disputes, or lost value.

When Prince died in 2016, he did not have a will. Because he did not leave any instructions, who would receive his assets – including his extensive music catalogue, copyrights, and other intellectual property – was left entirely to the probate laws and court decisions. His six half-siblings were ultimately designated legal heirs, but disagreements over distribution plans dragged the case into ongoing litigation for years, with family members and business advisors repeatedly locked in court battles over how to manage the estate’s intellectual property and other assets.

The outcome wasn’t just costly from an emotional perspective for the family involved; it also diminished the value of the estate through legal fees, administrative costs, and tax implications. 

The Government of Canada explains that without clear ownership or assignment, IP rights fall into the estate and must be interpreted and administered by an executor.

In practice, that can mean:

• Family members are unsure who controls or profits from creative work.
• Online accounts are frozen or deleted.
• Royalties are delayed or lost.
• Brand or business assets are mishandled.
  
  

High-profile estates—from musicians to authors—have shown how messy things can get when IP isn’t planned for. But you don’t need to be famous for this to matter.

Including IP in your estate plans brings peace of mind. Making a will helps ensure your wishes are formally documented and legally recognized, giving your heirs clear authority to manage your intellectual property and other assets. It preserves your legacy, protects future income, and provides loved ones with clarity during a difficult time.

Willful online wills are lawyer-approved in each Canadian province and built with input from estate lawyers to reflect provincial legal requirements, so your instructions are legally valid when it counts.

How to Include Intellectual Property in Your Will

Wondering how to include IP in a will without getting buried in legal jargon? Here’s a clear, step-by-step approach that works for most Canadians:

1. List your IP assets

‍Write down copyrights, trademarks, patents, and digital creations you own before you sit down to create your will, and add them to your asset list on Willful so your executor is aware they exist.

2. Confirm ownership

‍Check whether assets are owned personally, jointly, or through a business. This matters because business-owned IP may not transfer the same way personal assets do, and some IP may be tied to shareholder agreements, contracts, or corporate documents.

3. Choose beneficiaries

‍Decide who will inherit the IP and any future income tied to it. 

4. Create or update your will

‍Willful allows you to leave IP or digital assets as a specific gift or as part of your larger estate.

5. Add clear instructions

‍Your will document is just one document in your estate planning journey. Once you add your IP to your Asset list, you can keep your will with an executor-friendly IP guide alongside your will (separate from the legal document) that includes:

1. Where your IP is registered (and any registration numbers),
2. Where royalties or licensing income is paid (publisher, SOCAN, YouTube, app store, etc.),
3. Key contracts and renewal dates, and
4. Who to contact (agent, business partner, lawyer, accountant) if needed.

This helps your executor administer the IP smoothly, even if the will itself is streamlined.

6. Keep records updated

‍Register or renew intellectual property where needed through the Canadian Intellectual Property Office.

For simple estates, Willful guides you step by step, helping you include intellectual property in your will without the overwhelm.

How to Include Intellectual Property in Your Will Using Willful

Willful is designed to make estate planning simpler, including when your estate involves IP. Willful provides several practical options to do this:

1. Willful includes an optional digital assets clause that gives your executor the power to access and deal with any digital content or digital assets, including social media accounts and cryptocurrency. 
2. Willful's asset and liability list makes it easy to list out any IP or digital assets for your executor, so they are aware of what you own at the time of your passing. You can also include any additional instructions here - for example, when a patent expires, or a trademark is set to renew.
3. Willful helps you leave IP as a gift to your beneficiaries, either as a gift to a specific person or as a part of your larger estate distribution
4. Willful's will registry ensures that when you pass away, your family and executor will be able to access the information they need to put your wishes into action

Together, these tools help ensure your intellectual property is accounted for, accessible, and passed on according to your wishes. 

Handling Digital and Online Assets

Digital assets are often overlooked aspects of IP inheritance. These assets may generate revenue long after you’re gone, but platform terms and access hurdles can create legal and administrative complications.

Think about:

• Websites and domain names.
• Blogs and online portfolios.
• Monetized YouTube or podcast channels.
• Digital art, NFTs, or online courses.
• Social media accounts tied to a brand.

Many platforms have their own rules for what happens after death. Some accounts can be memorialized, but others require executor access. Learn more about how online accounts are managed after death.

The Government of Canada encourages individuals to plan for digital assets as part of estate planning.

Executors need more than legal authority – they need access. If passwords, two-factor authentication methods, and device access instructions aren’t securely documented and accessible to your executor, your family may struggle to retrieve accounts or manage revenue streams after you pass.

Willful recognizes the importance of digital asset planning by offering users the option to include digital assets as part of their estate planning documents. 

There are two ways to share your wishes on Willful: 

1. Include IP in the will as a gift or residual, and include the digital assets clause 
2. Document a list of IP and/or digital content in Willful’s additional document, the asset and liability list 

Willful allows you to document digital assets alongside your will, all protected with bank-level AES-256 encryption and SOC 2 Type 1 attestation.

Working with Beneficiaries and Executors

Intellectual property and digital assets often require ongoing management — and that makes the role of your beneficiary especially important.

Look for someone who:

• Understands creative or digital work.
• Is comfortable handling ongoing income.
• Can work with lawyers or accountants if needed.

Once you’ve chosen that person, think about how to store and share supporting documentation securely, for example, listing any lawyers you work with in your contacts list on Willful. It also helps to talk things through while you’re alive. Let beneficiaries know what exists and how you want it handled.

Why you should never include passwords directly in your will

It’s important to give your executor access to digital and intellectual property assets, but you should never include passwords or security codes in your will.

In Canada, wills typically become public once they go through probate. Any login details written into a will could be exposed, creating security and fraud risks for your estate.

Instead, store passwords in a secure, encrypted password manager or separate document, and reference its location in your will without listing the credentials themselves. Your will should grant legal authority, not contain sensitive access information.

This approach protects your privacy while still allowing your executor to manage your digital assets properly.

And don’t forget: As your work evolves, update your documents. New content, new brands, or new platforms should be reflected in your estate plan.

This type of preparation prevents confusion and delays, especially when beneficiaries are dealing with emotional and logistical challenges during estate settlement.

How Willful Makes Including Intellectual Property Easy

Willful was designed to make estate planning simple and legally sound, including when it comes to intellectual and digital property.

When you create a will with Willful, your intellectual property can be included in a clear and flexible way:

• Include it in your residual estate: If you don’t list intellectual property as a specific gift, it automatically becomes part of your residual estate and is distributed to your beneficiaries according to the terms of your will.
  
• Leave it to a specific person: If you want more control, you can assign certain intellectual property to a specific individual by listing it in the gifts section.

This approach makes it easy for you to plan for assets such as:

• Brand and trademark rights
• Domain names and websites
• Course content and digital products
• Related revenue streams and royalties

Rather than leaving this information scattered across platforms and accounts, Willful lets you document everything in one secure place alongside clear instructions for your executor and beneficiaries.

Your information is protected with bank-level encryption, and you can update your will as your assets grow and evolve, giving you confidence that your intellectual property will be handled exactly as you intend.

Final thoughts

Including IP in your will protects your creative work, reduces confusion and conflict, and can even support your loved ones financially. 

If you’ve put time into building something meaningful, it deserves the same care as the rest of your estate.

Frequently Asked Questions (FAQ)