Allen & Malek LLP
By Pearson Allen
June 3rd, 2025
The emergence of the term “fur baby” shows just how important pets can be… Thus, planning for the care of your ‘non-human family members’ is an important part of planning your estate.
According to research, sixty percent of Canadian homes have at least one pet, seventy percent of Canadian pet owners consider their pets to be family, and roughly one-third of Canadian pet owners share a bed with their pets.
Ultimately, ensuring your family members are cared for, whether human or not, calls for significant planning and consideration. This article provides detailed estate planning recommendations, for those considering future care provisions for their pets, as well as some relevant cases and what can be learned from them.
If you are one of the many Canadians who wishes to ensure your beloved pet receives the same care they are receiving now, in the event of your death or incapacity, here are some helpful estate planning tips…
When planning for the care of pets following death or incapacity, financing is an important aspect to consider. Unfortunately, in Ontario as well as other common law jurisdictions, animals are considered property and, as property, are unable to receive any gifts or inherit anything in an estate. Therefore, you must name a human-beneficiary who will act as a guardian or caregiver for your pet, and either: set up a pet trust, or provide the caregiver with a testamentary gift under the condition that they care for your pet(s).
