Beeksma Law
By Shayna Beeksma
December 8th, 2023
Whether or not you call them your ‘fur baby’, our pets are more than animals for many of us. To many Canadians, they are beloved family members, providing companionship, joy, and comfort.
Because their lifespans tend to be much shorter than ours, we assume we will outlive our pets. However, that is not necessarily true. So, just as you meticulously plan for the well-being of your loved ones in your estate plans, it’s crucial not to overlook your furry or feathered friends.
The Legal Landscape in Ontario: Pets as Property
Under Canadian law, including in Ontario, pets are considered property, and as such, they lack the legal capacity to own or inherit assets. This classification presents unique challenges when explicitly leaving money or property directly to your pets in your will. However, this doesn’t imply a lack of options for securing their future.
There are three basic ways to ensure your pets are cared for after you’re gone:
- Designate a caretaker
- Designate an organization to act as a caretaker
- Set up a pet trust
Designating a Caretaker: Choosing Guardianship for Your Pet
Similar to appointing guardians for minors, identifying a trustworthy caregiver to care for the pets after you’re gone is crucial. Consider family members or close friends who share a bond with your pets and are both willing and capable of providing lifelong care. A heartfelt conversation with your chosen caretaker is essential to ensure they understand and accept this responsibility. While a primary caretaker is crucial, it’s wise to designate a backup in case your original caregiver is unable to care for your pet.
Additionally, consider charitable organizations or shelters specialized in pet care. For instance, most Humane Societies offer a pet stewardship program, assuming custody and finding loving homes for pets after their owners pass away.
Financial Provisions: Ensuring the Financial Security of Your Pet
To alleviate financial concerns associated with pet care, consider you should leave an amount of money to your pet guardian in your will. This fund can cover expenses like veterinary care, grooming, food, and any unforeseen medical treatments your pet might require.
How much should you leave for pet care? That depends. Consider how long your pet’s life is expected to be, what costs you are currently incurring and other factors.
Incorporating your pets into your estate planning demonstrates a commitment to their well-being and happiness. Your furry friends hold a special place in your heart and deserve careful consideration in your plans for the future.
If you are a pet owner, how can you include your pets in your estate plan? What are your options? That is what we will consider in this article…
What happens if you become incapacitated and can no longer care for your pet? Trusts and powers of attorney can be instrumental in addressing your pet’s care in case of your incapacity. While pets can’t inherit funds directly, a trust can designate funds for your pet’s care, with conditions tied to the designated caretaker ensuring proper care.
Shayna Beeksma, Founder, Beeksma Law, Hamilton, ON
