Can You Bequeath Your Property To Your Pet?
- Gwendolyn L. Adrian, Adrian Law
- Jul 5, 2016
- 2 min read
Many people view their pets as a member of the family and are understandably concerned about what will happen to their animal companions should they predecease them.
Famously, Leona Helmsley's largest heir was her pet Maltese who was the beneficiary of a 12 million dollar pet trust after Helmsley died in 2007. A challenge to that will, resulted in a judge reducing the trust to a mere 2 million dollars, which I assume, was sufficient to maintain the wee doggie's lifestyle.
In Canada, pets are viewed as property and property cannot legally own other property. This means that a pet cannot inherit directly under a will. If you were to directly leave money to your pet, the gift would fail and the money would become part of the residue of the estate and would go to the residuary beneficiary or beneficiaries as the case may be.
Pet trusts such as the one created by Helmsley are not legal in Canada. However, a trust can be set up for the purpose of paying the expenses of the pet's caregiver. If doing so it is prudent to include instructions regarding the care of the pet and the amount that should be paid to the caregiver. The trust should also include provisions for what happens to any remaining funds following the death of the pet. It is also recommended that the pet be described generally rather than by name, i.e. "for my dog" rather than "for Mr. Snookems". This ensures that a subsequent pet will be provided for should the beloved Mr. Snookems predecease his owner.
In reality in most cases a family member or friend will adopt the pet. It is wise, however, to speak to loved ones about who will take on the responsibility of adopting and caring for your animal companions should you predecease them.
The content and the opinions expressed here is informational purposes only and does not constitute legal or professional advice. Nor does reading or commenting on it create a lawyer/client relationship with the author. I encourage you to contact me directly at adrianlawoffice@gmail.com if you have specific legal questions or concerns.
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