Estate Planning for Pets: Ensuring Your Pet is Taken Care of After Your Death

Have you ever wondered what will happen to your dog, cat, or other pet(s) when you die? Several options are available when it comes to estate planning for pets to ensure that your beloved animals will be well taken care of after you are gone. Understanding the advantages and disadvantages of each option allows you to make the best decision for your pet(s).

Why is it Important to Plan for Your Pet’s Care?

Unlike most adult humans, pets are unable to advocate for themselves. If you fail to make arrangements for your cherished dog, cat, or other animal, your pet could end up being surrendered to a shelter or placed in an unsuitable home after you are gone. You may assume that a trusted family member or friend would come forward to care for your pet in the event of your death, but without formal estate planning for pets, this may not happen. 

In addition to making arrangements for your pet to be cared for after your death, many individuals want to set aside funds for their pet’s ongoing care. Even if you have a designated caretaker for your pet in the event of your death, they may not have the financial means to provide adequate care. To ensure that some of your financial resources are indeed reserved for your pet’s ongoing care after you are gone, you should have a legally binding plan in place. All of this can be done in your will, with the help of a skilled lawyer.

Choosing a Caretaker for Your Pet

Nobody likes to think about death, but you should carefully consider who could be a reliable caretaker of your animal once you are gone. You likely have friends or family who love animals, but that doesn’t necessarily mean they would be the right fit for your animal’s needs. Someone may love horses, but that doesn’t mean they can care for one! 

Consider whether the potential caretaker has the space, time, experience, and resources to adequately care for your pet. Discuss your pet’s care routine with them and ensure they understand any special needs that your animal has as well as the commitment required. 

Naming a Pet Guardian in Your Will

Once you’ve decided who the right person is to care for your cherished animal and they have indicated that they would be willing to do so, you can specify their name in your will. Your lawyer can help you include a line in your will that mentions that this person agrees to assume ownership of your pet(s) after your death.

Although a court will honour a person you named in your will as the guardian of your pet, the fate of your pet(s) ultimately lies with the person you chose. If for any reason their circumstances change and they are no longer willing or able to care for your pet upon your death, then the fate of your pet may be uncertain. For this reason, it’s always a good idea to choose a backup caretaker and name them as such in your will.

Setting Funds Aside for the Care of Your Pet

Once you’ve chosen a caretaker for your pet, there is the matter of how they will pay for the pet’s care, particularly if the caretaker is not a beneficiary of the will. With nothing specified, the new caretaker, as the owner, would be expected to use his or her own funds for all expenses related to your pet. 

If you prefer that the new caretaker not incur any costs, you will need to set aside funds they can use for pet care.  There are two ways this can be done. Firstly, making a cash gift to the caretaker. Second, setting up a trust where the pets are the beneficiaries. There are limitations to both cash gifts and pet trusts. Your lawyer can help advise you on which plan is best for you and your particular circumstances.

Leaving a Cash Gift for the Care of Your Animal(s)

When you name a pet caretaker in your will, you can also leave a financial gift to the designated pet guardian. This would involve adding a line in your will that specifies the amount you are leaving for the caretaker. However, unlike a pet trust, a pet guardian named in a will is not legally obligated to use the cash gift solely for the pet’s care. 

Another thing to consider is that wills must go through a probate process, which may cause delays in transferring the custody of your pet to the designated guardian. If you are worried that a lengthy probate process may interfere with the transfer of your pet to a loving home, a pet trust is an alternative option.

Creating a Pet Trust

A trust is a legal arrangement that allows you to transfer ownership of your assets to a designated trustee who will manage those assets on behalf of the beneficiaries (in this case, the beneficiary would be your pet(s)). A lawyer can assist you with drafting a valid pet trust.

Your designated trustee will manage the funds you leave behind for pet care and ensure they are used for the purpose you intended. You will also need to specify the name of the caregiver who will have physical custody of your pet after your death. This may or may not be the same as the designated trustee.

The financial provisions in your trust can be set aside for specific expenses, including food, grooming, and veterinary care. You can prepare detailed instructions that outline how you would like your pet to be cared for, including preferred daily routines, medical treatment preferences, dietary needs, fears or things to avoid, and any other information that would be important for a caregiver to know. 

You can specify how any leftover funds should be used after your pet passes away. For example, you may suggest leftover funds be used by the pet caretaker as they wish, or you may prefer the money to go to a charity of your choice.

When you establish a properly structured pet trust, you can rest assured that there is a legally enforceable arrangement that provides financial support and preferred care instructions for your pet(s) after your death. You can leave behind detailed wishes for the care of multiple pets, with specific provisions outlined for each one. Unlike simply leaving behind a cash gift in a will, this will create legally binding financial security for the care of your pets. It is still crucial to select a trustworthy caregiver to ensure your wishes are honoured. 

Special Considerations for Estate Planning for Pets

Breed-Specific Return Policies

If you own a purebred dog, cat, or horse that you purchased directly from a breeder, your animal may need to be returned to them after your death rather than rehomed. Some breeders require this to prevent animals from being abandoned or ending up in shelters and to ensure they go to good homes.

If you’re not sure whether your pet must be legally returned to the breeder, you can check the purchase contract you signed to receive the pet. If you are contractually obligated to return the dog, cat, or horse to the breeder, it will be outlined in this document and the breeder has the right of first refusal. 

If there is indeed a return clause in your purchase contract for your pet, you can ensure that your will or pet trust is aligned with the requirements. If you have a family member or friend who is willing and able to provide a suitable home for your pet, you can leave instructions to contact the breeder first for approval.

Frequently Asked Questions About Estate Planning for Pets

What happens to my pet if I die?

If you die without having a plan and instructions in place for the care of your pet, then your pet’s fate is uncertain. Friends and family may be willing to care for your pet, but if you have not discussed this with anyone and have not named a caretaker or set aside financial resources for the care of your pet, then you have no clarity on what your pet’s fate will be.

Can I leave money for my pet in my will?

In Canada, pets are considered property so you cannot leave money directly for a pet in your will. However, there are other legal ways to ensure there are financial resources dedicated to the care of your pet after you’re gone, such as establishing a trust for the benefit of your pet or gifting money to your pet’s future caretaker.

Do I need a lawyer to name a guardian for my pet?

While it is not a legal requirement to have a lawyer assist you with preparing your will, to ensure your intentions are properly documented, legal advice is strongly recommended. A lawyer can help ensure that your wishes and instructions for the care of your pet are clear.

Without a properly drafted will that addresses the topic of your pets, there is always a risk of your precious pet being neglected or rehomed into an environment that is not suitable for your pet to thrive, or simply one you would not have chosen yourself. Please contact our legal team for help in estate planning for pets to ensures your wishes regarding your pets are properly documented.