Many people in Ontario treat their pets like family. However, pets do not have the same legal status as children or dependents. Under Ontario law, pets are considered property, which means that without proper planning, their care after your death may be uncertain. Including clear instructions for your pets in your will ensures that they are protected and cared for the way you intend.

This guide explains how to plan for your pets, what options Ontario residents have, and why it is an important part of responsible pet ownership.

Why You Must Plan for Your Pets

Pets rely entirely on their owners for care, and unexpected situations can leave them vulnerable. Without a plan in place:

  • Your pets could end up with someone you would not have chosen.
  • Family members may disagree about who should take the pet.
  • Your estate trustee may have to make decisions without guidance.
  • The pet’s ongoing care costs may not be covered.

A will allows you to set out clear instructions so your pet has a smooth transition to the person you choose.

Choosing a Caregiver for Your Pet

The most important step is naming a trusted person who is willing and able to take on the responsibility of caring for your pet. You can include:

  • The caregiver’s full name and contact information
  • A backup caregiver if the first choice cannot or does not want to assume the role
  • Any expectations about the pet’s care, such as dietary needs, exercise routines, or medical considerations

While these instructions are not legally binding in the same way as a trust, they provide helpful guidance to the person you choose.

Setting Aside Money for Your Pet’s Care

Since pets cannot inherit money directly, Ontario law does not allow you to leave funds to a pet. However, you can leave a cash gift to the caregiver along with a request that it be used for the pet’s care. Many clients choose to:

  • Estimate annual costs for food, grooming, medication, and vet bills
  • Provide a lump sum to help cover ongoing expenses
  • Add a sentence explaining that the gift is meant to support the pet

Although this gift is not a legally enforceable trust for the pet’s benefit, it gives the caregiver the financial resources needed to continue your pet’s lifestyle.

Pet Trusts: Are They Allowed in Ontario?

Ontario does not currently recognize formal pet trusts in the same way some other jurisdictions do. Courts do not enforce a trust created solely for the benefit of an animal.

However, you can still set up arrangements that function similarly, such as:

  • Leaving money to a trusted person with detailed instructions about how the funds should be used
  • Naming the caregiver as both beneficiary of a cash gift and the person responsible for the pet
  • Creating a memorandum of wishes to provide additional guidance

While not legally binding, these methods are practical solutions used by many pet owners.

Providing Detailed Instructions for Care

You can include a section in your will or a separate letter outlining:

  • Feeding routines
  • Favourite toys or comfort items
  • Medical history and veterinarian contact details
  • Instructions for grooming, exercise, or behavioural needs
  • End-of-life preferences if the pet has serious health issues

A separate letter of wishes works well because it can be updated without redoing your will.

What Happens if You Do Not Include Your Pet in Your Will

If you pass away without estate planning for your pets:

  • They may be treated like any other asset and distributed according to the laws of intestacy
  • No one will have formal responsibility for the pet’s care
  • A family member or friend may step in, but there is no guarantee
  • Pets could be surrendered to a shelter if no one volunteers to take them

Including even a short clause in your will can prevent these outcomes.

What Happens if Your Wishes Are Not Followed

Even with clear instructions in your will, Ontario law does not guarantee that your wishes for your pets will be fully enforced. If the named caregiver decides not to follow your instructions:

  • The gift intended for the pet’s care may be used differently, as the law cannot compel a person to spend money in a specific way for an animal
  • There may be limited legal recourse for enforcing specific instructions regarding care
  • A separate letter of wishes can guide the caregiver, but it is not legally binding
  • Open communication with the caregiver before death can help ensure your wishes are respected

Because pets are considered property, the most effective way to increase the likelihood your wishes are followed is to choose a trusted caregiver who understands your intentions and is willing to act accordingly.

How a Lawyer Can Help You Protect Your Pets

An estate lawyer can help you:

  • Decide on the most suitable caregiver
  • Include a clear clause in your will outlining your wishes
  • Structure a financial gift to cover pet care
  • Prepare a letter of wishes for more detailed instructions
  • Ensure your will complies with Ontario law and avoids unintended consequences

Whether you have a dog, cat, or any other companion animal, planning ahead ensures they are safe, supported, and loved after you are gone.

Ready to Plan for Your Pets?

If you want to include your pets in your estate planning, our office can help you prepare a will that reflects your wishes and protects your pets. Contact us to get started.

The content on this post is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship.