What Happens to My Pets When I Die in Ontario?
If you are a pet owner, what happens to your pets when you die in Ontario may be one of the most important questions in your estate plan.
Many people carefully decide who will receive their home, savings, vehicles and personal belongings. However, they never include instructions for their dog, cat or other companion animal.
That can create a serious problem.
You may assume that a family member will simply take your pet. Perhaps someone has even told you that they would. However, circumstances can change. That person could move, develop health problems, already have pets of their own or simply be unable to take responsibility when the time comes.
Ontario law also does not automatically appoint someone to care for your pet.
Therefore, if your pet's future matters to you, you should consider dealing with it directly in your will and estate plan.
Are pets considered property in Ontario?
Under Ontario law, companion animals are generally treated as personal property for estate and property-law purposes.
That description can sound cold to anyone who considers a dog or cat a member of the family. Canadian courts have increasingly recognized that companion animals are not quite the same as ordinary household objects. Nevertheless, when an estate is being administered, an animal does not have the legal status of a human beneficiary.
This distinction has an important consequence:
Your pet cannot inherit money or property directly from you.
For example, a will should not simply say:
"I leave $20,000 to my dog, Charlie."
Charlie cannot legally receive and own the money.
Instead, your estate plan needs to place responsibility in the hands of a person or organization that can legally receive property and use it for Charlie's benefit.
Fortunately, there are several ways to accomplish that.
What happens to my pet if my will says nothing?
If your will does not specifically deal with your pet, the animal will generally form part of the property that must be dealt with during the administration of your estate.
Ontario's Succession Law Reform Act allows a person to dispose of their property through a will. It also contains rules dealing with property that has not otherwise been effectively disposed of.
The Government of Ontario similarly explains that the assets and liabilities a person owns when they die generally make up their estate and must then be administered and distributed.
The problem is that none of this automatically tells your estate trustee who should care for your dog or cat.
Your estate trustee may therefore have to make that decision.
Depending on the circumstances, the trustee might arrange for:
- a family member or friend to take the pet;
- the pet to be rehomed;
- an animal rescue organization to accept the pet; or
- the pet to be surrendered to a humane society or animal shelter.
Animal-welfare laws continue to apply, of course. However, there is no general rule requiring your estate trustee to keep your pet with a particular family member simply because that is what you would have wanted.
If you want a particular outcome, put it in your estate plan.
Isn't telling my family what I want enough?
It may be enough if everything goes according to plan.
Unfortunately, estate planning exists largely because things do not always go according to plan.
Suppose you have told your daughter that you want her to take your dog. She agrees.
Ten years later, you die.
By then, your daughter may live in a condominium that does not permit your type of animal. Her spouse may have allergies. She may already own an animal that cannot safely live with yours.
Alternatively, she may simply no longer be willing to take responsibility.
A verbal conversation also creates an evidence problem.
Other family members may remember the conversation differently. Your estate trustee may not even know that the conversation took place.
A properly drafted will gives your estate trustee much clearer guidance.
Option 1: Leave your pet to a specific person
One of the simplest approaches is to identify the person whom you want to care for your pet.
Your will can provide that your pet is to be given to a particular family member or friend.
For example, the plan might identify your sister as the person who should receive your dog.
However, there is an important practical step that should happen before the will is signed:
Ask the person first.
Caring for an animal can involve a commitment lasting many years.
A healthy cat may live well into its teens or even its twenties. A young dog could require more than a decade of food, veterinary treatment, grooming, boarding and other expenses.
Therefore, someone who loves your pet may still be unable to take responsibility for it.
Always consider a backup caregiver
You should also consider what happens if your first choice cannot take the animal.
For example, your will could identify:
- your preferred caregiver;
- an alternate caregiver; and
- a final backup arrangement if neither person can accept the pet.
That final option might involve an animal rescue organization or formal pet stewardship program.
Without a backup plan, the failure of your first choice can put your estate trustee back in exactly the position you were trying to avoid.
Option 2: Give money to the person caring for your pet
Giving someone your dog is one thing.
Giving them the financial ability to care for the dog is another.
Pets can be expensive.
Food, vaccinations, veterinary appointments, medications, grooming and emergency treatment can easily cost thousands of dollars over an animal's remaining lifetime.
Therefore, you can consider leaving money to the person who agrees to care for your pet.
For example, your will might give a particular person your dog together with a monetary bequest intended to assist with the dog's care.
This approach is relatively straightforward.
However, there is an important limitation.
A simple gift of money may not guarantee how the money is spent
Suppose your will gives your friend $15,000 and expresses your wish that the money be used to care for your dog.
Depending on how the provision is drafted, that may be an outright gift accompanied by a non-binding expression of your wishes.
Your friend receives the money.
Your friend receives the dog.
You hope that the money will be used for the dog's food, veterinary expenses and general care.
However, if the wording merely expresses a wish rather than creating an enforceable legal obligation, the recipient may not legally be required to account for every dollar.
This is sometimes called precatory or wishful language.
For many estates, that may be perfectly acceptable.
If you trust the person completely and the amount of money involved is modest, simplicity may be more valuable than creating an elaborate legal structure.
However, some pet owners want greater control.
That leads to another option.
Option 3: Establish a trust for your pet's care
Because your pet cannot legally be the beneficiary of a conventional trust in the same way that a person can, estate planning for animals can become more complicated.
However, a will can be structured so that money is held and administered for the purpose of caring for an animal.
Instead of leaving the money directly to the pet, the will appoints a human trustee to manage the funds.
The arrangement might provide money for expenses such as:
- food;
- routine veterinary treatment;
- emergency veterinary treatment;
- medication;
- grooming;
- boarding;
- insurance;
- end-of-life veterinary care; and
- other reasonable expenses associated with the animal.
The will should also deal with what happens to any money remaining after the animal dies.
For example, the remainder could go to a family member, another beneficiary or an animal charity.
Why is the remainder beneficiary important?
Imagine that you place $25,000 into an arrangement for your cat's care.
Your cat dies three years later and $18,000 remains.
Where does that money go?
A carefully prepared estate plan answers that question before it becomes a problem.
You might provide that the remaining funds go to your children. Alternatively, you might leave the balance to a humane society or animal rescue organization.
The important point is that the plan should address both the animal's lifetime and what happens after the animal dies.
How much money should I leave for my pet?
There is no single correct amount.
A reasonable amount depends on the animal.
Consider:
The pet's age. A two-year-old cat may require funding for another 15 years or more.
Veterinary needs. An animal with an existing medical condition may require considerably more money.
Food and medication. Prescription diets and long-term medication can substantially increase costs.
Grooming. Some breeds require professional grooming throughout their lives.
Boarding or pet sitting. The future caregiver may need assistance when travelling.
Insurance. If the pet already has insurance, you may want the caregiver to continue the policy.
Emergency treatment. Unexpected veterinary treatment can cost thousands of dollars.
You should also consider inflation.
An amount that comfortably covers an animal's expenses today may not have the same purchasing power ten years from now.
What if I have several pets?
Your estate plan should also consider whether your animals should remain together.
This can be particularly important for bonded animals.
For example, two dogs that have lived together for ten years may experience significant stress if they are suddenly separated after their owner's death.
If keeping your animals together is important to you, your will can express that intention.
However, you should also consider practicality.
Finding someone willing to accept one cat may be relatively easy. Finding someone willing to accept four cats, two dogs and a parrot could be considerably more difficult.
Your plan should therefore balance your ideal outcome against what is realistically achievable.
What information should I leave about my pet?
Your will does not need to contain every detail about your pet's daily routine.
In fact, putting constantly changing information directly into a will may be inconvenient.
Instead, consider maintaining a separate pet information document.
It could include:
- your veterinarian's name and contact information;
- medications;
- allergies;
- medical conditions;
- feeding instructions;
- preferred food;
- behavioural issues;
- microchip information;
- pet insurance details;
- grooming requirements;
- exercise routines;
- boarding information; and
- emergency contacts.
You can update this information whenever necessary without rewriting your entire will.
Your estate planning documents can then deal with the legal arrangements while your pet information sheet deals with everyday care.
What happens immediately after I die?
This is an important issue that estate planning documents sometimes overlook.
Your dog cannot wait several weeks for someone to locate your will.
Someone may need to feed, walk or medicate the animal within hours.
Therefore, your plan should include an immediate emergency caregiver.
That person should know:
- where your pet is located;
- how to access your home;
- where food and medication are kept;
- who your veterinarian is; and
- whom to contact if you die or become incapacitated.
You might also keep an emergency card in your wallet identifying that you have pets at home and providing the contact information of the person who should be called.
This can be particularly important if you live alone.
Don't plan only for death
Your will generally operates after your death.
However, death is not the only circumstance that can prevent you from caring for your pet.
You could become hospitalized.
You could suffer an accident.
You could develop a medical condition that temporarily or permanently prevents you from returning home.
Therefore, a complete pet-care plan should consider both death and incapacity.
Someone should know who can immediately take responsibility for the animal if you are alive but unable to care for it yourself.
Can a humane society care for my pet after I die?
In some circumstances, yes.
Some animal-welfare organizations operate formal stewardship programs for pet owners who want arrangements made in advance.
For example, the Ottawa Humane Society's Pet Stewardship Program is designed for circumstances in which an owner dies or becomes incapacitated. The organization describes the program as allowing it to care for the owner's pet and seek a new home, subject to the program's terms and the owner's instructions.
The program operates under a formal agreement rather than simply assuming that the shelter will accept the animal.
Importantly, these programs have their own eligibility requirements and terms. For example, the Ottawa Humane Society's agreement contains provisions dealing with animals considered unplaceable and circumstances involving euthanasia.
Therefore, you should never simply write the name of a shelter into your will and assume that the organization will accept your pet.
Contact the organization in advance and complete any required arrangements.
A formal stewardship program can also serve as a backup if your preferred individual caregiver cannot take the animal.
What if the person I name dies before me?
This is another reason to review your will periodically.
Suppose your will says that your brother will receive your dog.
Your brother later dies, but you never update your will.
Alternatively, he may become incapable of caring for an animal.
Your estate plan should therefore include alternate instructions.
A simple structure could be:
First choice: a trusted family member.
Second choice: another family member or friend.
Final alternative: a previously arranged animal stewardship or rescue organization.
The exact arrangement depends on your circumstances.
What if I get another pet after making my will?
Your will should also anticipate changes in your household.
Rather than identifying only "my dog Charlie," appropriate drafting may sometimes address any companion animals you own at the time of your death.
That way, the plan does not necessarily fail simply because Charlie dies and you later adopt another dog.
Ontario's Succession Law Reform Act generally provides that a will speaks and takes effect as if it had been made immediately before the testator's death, unless the will shows a contrary intention.
Nevertheless, the wording of the particular will matters.
If your pets change significantly, reviewing your estate plan remains a good idea.
Should my pet caregiver and trustee be the same person?
Not necessarily.
There can be advantages to separating the two roles.
For example:
Caregiver: Your daughter takes your dog into her home and handles its everyday care.
Trustee: Your brother controls the money that has been set aside for the dog's expenses.
Your daughter submits or pays eligible expenses, while your brother administers the fund according to the terms of the will.
This arrangement creates some financial oversight.
However, it also creates additional administration and the potential for disagreement.
For a modest estate and a trusted caregiver, that complexity may be unnecessary.
For a substantial fund, expensive animal or complicated family situation, greater oversight may be worthwhile.
What happens when my pet eventually dies?
Your will should address this too.
If money has been set aside for the animal, the document should state what happens to any remaining funds.
You may also have wishes concerning the animal's remains.
For example, you may prefer cremation rather than burial.
You might want the pet's ashes returned to a particular family member.
These instructions should be considered carefully. Not every personal wish belongs in a will, particularly where the information may change or where immediate decisions will be required before the will is located.
The important point is to create a plan that someone can actually follow.
A pet-care plan should be practical, not just legal
A beautifully drafted provision does little good if nobody knows that your dog is alone in your house.
For that reason, pet estate planning should have several layers.
Your will establishes the legal arrangement.
Your caregiver knows that they have agreed to accept responsibility.
Your backup caregiver knows what to do if the first person cannot act.
Your estate trustee knows about the arrangement.
Your pet information sheet contains current medical and care information.
Finally, an emergency contact can reach the animal immediately if something happens to you.
Together, these arrangements provide much greater protection than simply writing "please look after my dog" in a will.
Can I simply leave everything to someone I trust?
Certainly.
Not every pet owner needs a complicated trust.
If you have a trusted family member who is willing to take your pet, a straightforward gift of the animal combined with an appropriate monetary bequest may accomplish everything you need.
The more complicated arrangements become useful when there are additional concerns.
For example, you may want additional planning where:
- your pet is young and could live for many years;
- your pet has expensive medical needs;
- you are leaving a substantial amount for its care;
- you have several animals;
- your pets must remain together;
- there is no obvious family member who can take them;
- you are concerned that a caregiver could misuse the money; or
- you want a charitable organization involved.
Estate planning should fit the circumstances rather than becoming complicated simply for the sake of complexity.
What happens to my pets if I die without a will in Ontario?
Dying without a will makes the situation even less certain.
If you die intestate, Ontario's Succession Law Reform Act determines how your estate is distributed. Someone must also obtain authority to administer the estate. The Government of Ontario specifically notes that when a person dies without a will, their estate is distributed according to the legislation and someone generally needs to apply for authority to administer it.
Those rules are designed primarily to determine who receives your property.
They do not create your preferred pet-care arrangement for you.
Your family may ultimately agree about who should take your animals. However, the decision will be made without the benefit of legally documented instructions from you.
That is one more reason pet owners should consider having a will.
Questions to ask when planning for your pet
When reviewing your estate plan, ask yourself:
- Who would I trust to care for my pet?
- Have I actually asked that person?
- Who is my second choice?
- What happens if neither person can take the animal?
- Should the caregiver receive money for the pet's expenses?
- How much money would reasonably be required?
- Do I trust the caregiver with the money outright?
- Would a more structured arrangement be appropriate?
- Should my pets remain together?
- Does my pet have medical or behavioural needs?
- Who can reach my pet immediately if I am hospitalized or die?
- Is there a shelter or stewardship program I want to arrange as a backup?
- What happens to unused money after my pet dies?
If you cannot answer several of these questions, your current estate plan may have a gap.
Your pets depend on the plan you leave behind
For many people, pets are family.
The law may classify them as property for estate purposes, but anyone who has owned a dog or cat knows that the practical reality is very different.
Your pet depends on you for food, shelter, veterinary treatment and companionship every day.
If something happens to you, someone else must immediately assume those responsibilities.
The good news is that Ontario pet owners have several estate-planning options.
You can name a trusted caregiver. You can provide money to assist with the animal's expenses. In appropriate circumstances, you can create a more structured arrangement for the animal's care. You can also investigate formal pet stewardship programs as a primary or backup option.
Most importantly, do not assume that someone will simply take care of your pet.
Make the decision yourself while you still can.
Need to update your will to include your pets?
If your existing will does not address your pets, or you have adopted an animal since your will was prepared, it may be time to review your estate plan.
A properly prepared plan can identify who should receive your pet, provide money for its care, name alternate caregivers and establish what should happen if your preferred arrangement is no longer possible.
It can also give you something equally important: confidence that the animal that depends on you today will have someone looking after it tomorrow.
Contact us to discuss updating or preparing your will and creating an estate plan that includes the animals that are part of your family.
