This document discusses estate planning considerations for pets in Canada. As pets are legally considered property under Canadian law, they cannot be named as beneficiaries in a will. However, a will can gift pets to a successive owner and leave cash gifts to help cover pet care costs. Alternatively, a pet trust can be established to provide funds from the deceased's estate to the new owner for the pet's lifetime. The document advises pet owners to consult an estate planning lawyer to ensure their pet will be properly cared for after their death.

1. Estate Planning for Pets

2. • While a pet-owner may see their cherished pet as a fellow family member, Canadian Law
does not share this perspective.
• In Canada, pets are legally treated as property – they are “living assets”.
• Consequently, a pet will form a part of a deceased person’s estate at death.
• This presentation will review relevant concerns related to estate planning for pets.
Background

3. • As pets are property, a pet cannot be named as a beneficiary in a Last Will and Testament.
• It is impossible to give property to other property.
• “…a dog is a dog. At law it is property, a domesticated animal that is owned. At law it
enjoys no familial rights.” – Henderson v Henderson, 2016 SKQB 282
Pets in a Will

4. • A testator also cannot use his or her will to direct that a pet be euthanized after the testator's
death. This is contrary to public policy, and will not be enforced by the courts (Re Wishart
Estate, [1992] NBJ No 547 (NBQB)).
• A testator can use his or her Will to gift their pets to a successive owner.
• A testator may also leave a specific cash gift (whether conditional or absolute) to the
successive owner to help subsidize or wholly cover costs anticipated to be associated with
caring for their pets/or pet.
Pets in a Will, continued

5. • Instead of a one-time cash gift, a “pet trust” can also be set up to finance a pet’s care after
its owner’s death.
• A pet trust will typically consist of a sum of money, held in trust, with the intention that the
funds be used for the pet’s care.
• As distributions from the trust cannot be paid out to the pet itself, the beneficiary of the trust
will be the successive owner of the pet. It is important that this person is someone who can
be trusted to use the money for the pet's benefit.
Pet Trusts

6. • Money from a pet trust can be distributed by the trustee as needed to the successive owner
of the pet.
• The trust instrument can be set up for a specific duration of time – e.g. the pet’s lifetime –
and can also name a beneficiary who will receive any funds remaining in the trust at the
time of the pet’s death.
• In establishing a pet trust, pet owners should consider their pet’s overall life expectancy,
food and accessory expenses, veterinary costs, grooming costs, and any other relevant
factors.
Pet Trusts, continued

7. • If a person dies without a will (“intestate”) and without having executed any agreements to
otherwise coordinate care for their pet, that pet will be distributed in accordance with the
provincial laws of intestacy as an estate asset, rather than to someone who may be better
suited to care for the pet.
• For more information on the laws of intestacy, please see our previous SlideShare
presentation on the topic: https://www.slideshare.net/hullandhull/intestacy-65752992
• To help ensure that your pet will be well cared for after you die, it is a good idea to discuss
your wishes with an estate planning lawyer.
Pets on Intestacy

8. Thank you for reading!