In many households, our furry friends are family. In estate litigation, however, the law takes a different view. In Ontario, pets are considered personal property, meaning they are treated no differently than any other asset in the estate.
This creates a disconnect in estate litigation when a pet’s value is not encapsulated by its “market cost”. While our pets carry immense emotional value, the court’s focus is on ownership, and not attachment.
Ownership, not affection
When a person dies, disputes over a pet typically arise if the will is silent or unclear. In those cases, the court asks a straightforward question: who owned the animal at the time of death?
Emotional bonds are not determinative. As seen in Carvalho v. Verma 2024 ONSC 1183, party cannot succeed simply because they loved the pet more. Instead, the court will consider factors such as:
- Whether the animal was owned or possessed by one of the people before the relationship began;
- Any express or implied agreement as to ownership, made either at the time the animal was acquired or after;
- The nature of the relationship between people contesting ownership at the time the animal was first acquired;
- Who purchased and/or raised the animal;
- Who exercised care and control of the animal;
- Who bore the burden of the care and comfort of the animal;
- Who paid for the expenses related to the animal’s upkeep;
- Whether at any point the animal was gifted by the original owner to the other person;
- What happened to the animal after the relationship between the litigants changed; and,
- Any other indicia of ownership or evidence of agreement relevant to who has or should have the ownership of the animal
For more on this case see our previous article Pawsitively Prepared: Estate Planning for Pet Parents – Hull and Hull LLP
What is the “value” of a pet?
Legally, a pet’s value is usually limited to its market or replacement value. Sentimental value is not typically compensable in property disputes. For example, the fair market value of a golden retriever in Ontario may range from anywhere between $1,000 – $3,000. The emotional value of that same pet, of course, is immeasurable.
At the same time, courts recognize that pets are a unique form of property. They are sentient and deeply important to their owners, even if the law does not treat them as such.
This gap between legal treatment and lived experience is what often drives litigation over our furry friends.
Avoiding disputes
Many of these disputes can be avoided with careful estate planning. A will can clearly identify who will receive the pet and provide funds to assist with its care. Without clear instructions, estate trustees may be forced to resolve competing claims over what is, legally speaking, a modest asset but an emotionally significant one.
Takeaways
In estate litigation, the value of a pet is measured in legal terms as property. In reality, of course, it is much more. Thoughtful estate planning is often the only way to ensure that a beloved companion ends up in the right hands.