When drafting a will, people often focus on the big-ticket items such as real estate, investments, and personal belongings, as well as ensuring the care of minor children or dependents. But one important member of the family is often overlooked: the family pet.
While most pet owners consider their animals members of the family, in the eyes of Ontario law, they are considered property and therefore the law does not grant them independent rights or personhood. Without clear instructions in your estate plan, your pet’s future can become uncertain. It is for this reason that more people are turning to “pet clauses” in their wills to ensure their animals are cared for according to their wishes.
Naming a Pet Guardian
A pet clause allows you to designate a specific person (or people) to care for your pet after your death. Best practice is to name one or more alternate guardians in case your first choice is unable or unwilling to take on the responsibility. It’s also possible to include specific instructions outlining scenarios where an alternate guardian should step in, for example, if the primary guardian has children or other life changes that affect their ability to care for the animal.
It’s important to remember that guardianship isn’t mandatory and the will does not bind the named guardian to take on the responsibility of caring for your pet. A named guardian can decline, so the final decision about your pet’s care may fall to your estate trustee or executor. For this reason, your trustee should be someone you trust not only to manage financial matters, but also to make thoughtful decisions about your pet’s wellbeing.
If no suitable guardian is available, arrangements can also be made with local humane societies, animal rescues, or pet sanctuaries. If you go this route, it’s essential to provide detailed information about your pet. This includes your pet’s medical history, behavioural traits, dietary needs, and veterinarian contact details. This allows for an easy transition in the continuity of their care.
Providing Financial Support for Pet Care
Because pets are considered property, you can’t leave them an inheritance. But you can set aside funds to support their care through one of the following options:
- Cash legacy (gift): You can leave a lump sum of money to the chosen pet guardian to help cover expenses such as food, veterinary bills, grooming, and other needs. Some wills include a condition that the guardian must accept the pet in order to receive the gift. However, keep in mind that once the funds are transferred, there is no legal obligation for the recipient to spend them on the pet.
- Pet Trust: For greater control, you can establish a trust in your will, with funds earmarked specifically for the care of your pet. The trust must name a trustee (who manages the funds) and a caregiver (who looks after the pet), and it must include an end date, which is typically the death of the last surviving pet. Any remaining funds would then be distributed according to the terms of the will. While pet trusts can offer peace of mind, they are more complex and costly to administer.
- Pet insurance: If you have pet insurance, review your policy to see whether it can be transferred to your designated guardian. This can help reduce the financial burden and ensure continued coverage.
Planning for Future Pets
If your household is likely to grow with more pets over time, your will doesn’t need to be updated with each new addition. A well-drafted pet clause can apply to any current or future pets. For example, you might specify that a set amount of money is to be allocated per pet, allowing flexibility without constant updates.
To Conclude…
Your pets depend on you and planning for their future is a meaningful way to ensure they continue to receive the love and care they deserve, even after you’re gone. Including a pet clause in your estate plan not only protects your furry (or scaly) companions but also gives you peace of mind knowing that your wishes will be followed.
Seeking Estate Planning Services in Ontario?
If you’re considering how best to provide for your pets in your will, our wills and estates team would be happy to assist. Don’t hesitate to reach out for all your estate planning needs.
This blog post was written by Ariel Fried, a member of the Wills and Estates team, and Carly Baldachin, Summer Student. Ariel can be reached at 613-566-2067 or at ariel.fried@mannlawyers.com.
