In 2022, ConsumerAffairs asked a hard hitting question: do you love your pet more than your sibling?

Of those surveyed, 81% of millennials admitted to loving their pet more than certain family members, and 57% said that they loved their pet more than their own sibling!

As I both own a cat and have a sister, I’ll keep my opinions on this quiet in case she happens to read this post.

Given how important pets are to us, it makes sense that owners want to ensure their pets are fully protected and cared for in their will. However, and despite how disturbing this is to some people, we must remember that in Ontario, pets are considered property and treated as such. Due to this, you cannot make your pets a direct beneficiary in your will.

If you pass away without a will, or your will is silent on the issue, your pet(s) will be dealt with in conjunction with the rest of your personal property. This could results in several different situations:

1. If you die without a will, your executor will be responsible for dealing with your personal property and therefore must determine what to do with your pet. As you have no say in who your executor is if you die intestate, the person appointed could be someone you wouldn’t want to hold this responsibility;
2. If you have a will, and it says your executor will deal with your personal property as they see fit, your executor would have to decide what happens to your pet; or
3. If you have a will, and it says your personal property would go to a specific person(s), your pet would go to them if they agree to accept it.

If none of these situations seem acceptable to you, it may be time to review and update your will to ensure your beloved best friend is properly cared for. When drafting your will, you can name a specific individual (let’s call them the “Giftee”) who you’d like to look after your pet after you pass away. However, even if named in your will, there is no obligation that the Giftee must accept your pet. There are two potential solutions to this issue:

1. Put a trust in your will for the purpose of caring for your pet and then name the Giftee as the trustee. This can help to alleviate some of the financial burdens that come with adopting a pet; or
2. Leave a monetary gift in your will to the Giftee and make the gift conditional on them taking care of your pet.

However, keep in mind that with either of these solutions, the practical reality is that there is no real oversight to prevent the Giftee from using the trust funds for purposes other than the care of the pet, or from accepting your pet in order to get the monetary gift and then giving the pet away after. 

As such, it all boils down to having a Giftee you can trust. The best way to ensure your pet goes to a loving home after you pass is to have a conversation with the potential Giftee before drafting your will to ensure that they would be willing to take your pet.

Also keep in mind that we may have to rule out asking our siblings after this article…

Thanks for reading,

Darien Murray