Can I Leave Money to My Pet in Ontario? Estate Planning for Pet Owners
For many people, pets are family. They provide companionship, comfort, and unconditional love, so it’s only natural to worry about what would happen to them if you passed away. A common question I hear is: “Can I leave money to my pet in my Will?”
As much as we may think our pets deserve it (and they absolutely do!), the short answers under Ontario law is no, at least not directly.
Why You Can’t Leave Money to Your Pet
Under Ontario law, only legal “persons” can own property or receive gifts under a Will. Legal persons include humans and, in some cases, corporations or charities. Pets, however beloved, are considered property under the law and not legal persons.
This means you can’t name your dog, cat or parrot as a beneficiary in your Will. A clause that says “I leave $20,000 to my cat, Whiskers” would be legally invalid and the gift would fail.
That doesn’t mean you’re out of options. There are effective and legally sound ways to ensure your pet is cared for and that money is set aside for their needs.
Option 1: Leaving Money to Someone Who Agrees to Care for Your Pet
One of the most common ways to plan for pets in a Will is to leave your pet to a trusted person and give that person money to help cover the cost of care.
This is typically done by:
Naming someone in your Will to take ownership of your pet, and
Leaving them a gift of money intended to be used for your pet’s food, veterinary care, grooming, and other expenses.
You can also include non-binding instructions in your Will or in a separate letter explaining your pet’s routine, medical needs, personality, and the standard of care you hope they will receive.
Pros of Leaving Money Directly to the Caregiver:
Simple and cost-effective: No complex legal structure to set up or administer.
Immediate care: Ownership of the pet and access to funds can happen quickly.
Lower ongoing costs: No trust administration or annual tax filings.
Cons of Leaving Money Directly to the Caregiver:
No legal guarantee: Once the money is transferred, there is no legal requirement that it be used for the pet.
Risk the pet won’t be kept: The caregiver could later rehome the pet and keep the money.
Requires a high level of trust: Choosing the right person is essential.
Because of these risks, it’s important to select someone you trust completely and to speak with them in advance to ensure they are willing and able to care for your pet long-term.
Option 2: Setting Up a Pet Trust
A more structured option is to create a pet trust. While pets cannot own property, a trust can hold money for their benefit.
With a pet trust:
You set aside funds in your Will,
You appoint a trustee to manage the money, and
The trustee is legally required to use the funds solely for your pet’s care.
A pet trust can be as detailed as you would like. You can specify how funds are used, including veterinary care, special diets, grooming, boarding, insurance, and end-of-life care. You can also appoint a different person as caregiver and trustee to create accountability.
When the pet passes away, the trust ends and any remaining funds are distributed according to your instructions, such as to a family member or a charity.
Pros of a Pet Trust:
Greater control over how money is used.
Legal accountability: The trustee must follow the terms of the trust.
Peace of mind: Reduces the risk of misuse of funds or neglect.
Cons of a Pet Trust:
Ongoing administration costs: Trusts require record-keeping, tax filings, and sometimes professional fees.
More complexity: They take more time and care to draft properly.
Not always cost-effective: For smaller amounts, the cost is likely to outweigh the benefits.
Which Option Is Right for You?
The best way to leave money for your pet depends on your circumstances, including:
Who you trust to care for your pet
The anticipated cost of your pet’s lifetime care
The level of control and oversight you want
For some pet owners, leaving money directly to a trusted caregiver is sufficient. For others, particularly where larger sums are involved or family dynamics are complicated, a pet trust offers added protection.
Planning for Your Pet as Part of Your Estate Plan
Although pets aren’t legally recognized as persons, Ontario estate planning law provides ways to protect them. With thoughtful planning, you can ensure your pet continues to be loved and cared for after you’re gone.
If you have questions about providing for a pet in your Will, please contact us to schedule a free consultation.
This blog post is for informational purposes only and is not intended to provide legal advice. If you require legal assistance, before taking any action you should contact us or another qualified lawyer to discuss your situation.
