1. What Does It Mean to Provide for a Pet in Your Will?

2. What Does Alberta Law Say?

3. How the Process Works

4. Should You Create a Trust for Your Pet?

5. Common Mistakes

6. Costs and Considerations

7. When Should You Speak With an Estate Lawyer?

8. How Bridgestone Law Can Help

Introduction

For many people, a pet is far more than an animal, they are a companion, a member of the family, and a daily source of comfort. One of the questions many pet owners ask when preparing a will is, "What will happen to my dog or cat if I am no longer here to care for them?"

The good news is that you can make legal arrangements in your estate plan to help ensure your pet is cared for after your death. Although Alberta law does not allow you to leave money directly to a pet because pets are legally considered property, you can appoint a trusted caregiver, leave funds to assist with the animal's ongoing care, and include detailed instructions regarding your pet's routine, medical needs, and preferences.

Planning ahead can provide peace of mind knowing that your pet is more likely to remain in a safe, loving home while reducing uncertainty for your family and your executor.

What Does It Mean to Provide for a Pet in Your Will?

Including your pet in your estate plan means making practical and legal arrangements for the animal's care after your death.

A well-prepared will may address:

• who should care for your pet;

• whether an alternate caregiver should be named;

• money to assist with food, veterinary care, grooming, and other expenses;

• your pet's medical history;

• daily routines and dietary needs;

• favorite toys or belongings; and

• any special instructions that may help the new caregiver.

Although the caregiver is not legally required to accept responsibility simply because they are named in your will, discussing your wishes with them beforehand greatly increases the likelihood of a smooth transition.

What Does Alberta Law Say?

Under Alberta law, pets are generally treated as personal property. This means they cannot inherit property in the same way that a person or charity can.

However, the Wills and Succession Act allows you to leave property or money to a person who agrees to care for your pet. Depending on your circumstances, your will may also establish a trust or other arrangement to provide funds for your pet's care.

Because every family situation is different, the most appropriate arrangement depends on factors such as the age of your pet, anticipated care costs, the intended caregiver, and the overall structure of your estate plan.

How the Process Works

Step 1: Choose the Right Caregiver

The most important decision is choosing someone who is willing and able to care for your pet.

When selecting a caregiver, consider:

• whether they already know your pet;

• their experience with animals;

• their lifestyle;

• whether they have sufficient space;

• their financial circumstances; and

• whether they are genuinely willing to accept the responsibility.

It is always advisable to speak with the proposed caregiver before naming them in your will.

Step 2: Name an Alternate Caregiver

Circumstances can change over time.

The person you initially choose may later become unable to care for your pet because of illness, age, relocation, or other life events.

Naming an alternate caregiver provides an additional layer of protection if your first choice is unavailable.

Step 3: Leave Funds for Your Pet's Care

Caring for a pet can involve significant ongoing expenses.

Depending on the animal, these may include:

• food;

• veterinary care;

• medications;

• grooming;

• pet insurance;

• boarding;

• training;

• mobility equipment; and

• end-of-life care.

Many people choose to leave a financial gift to the caregiver to help offset these costs.

Step 4: Leave Written Care Instructions

Your will is generally not the best place for detailed day-to-day care instructions because changing a will every time your pet's routine changes can be impractical.

Instead, many pet owners prepare a separate letter of wishes describing:

• feeding schedules;

• favorite foods;

• medications;

• veterinary contact information;

• behavioral traits;

• exercise routines;

• grooming requirements;

• favorite toys; and

• emergency contacts.

Although this document is generally not legally binding, it can provide valuable guidance to the caregiver.

Should You Create a Trust for Your Pet?

For some pet owners, leaving a financial gift to the caregiver is sufficient. In other situations, particularly where substantial funds are being set aside or the pet has significant long-term care needs, establishing a trust may be worth considering.

A trust can provide greater oversight by directing how funds are to be used for the benefit of the pet. For example, it may authorize payments for:

• veterinary treatment;

• prescription medications;

• food and dietary requirements;

• grooming;

• boarding when necessary;

• mobility aids;

• training; and

• other reasonable care expenses.

The trustee manages the funds according to the terms of the trust, while the caregiver provides the day-to-day care for the pet.

Trusts are not necessary for every situation, but they may be appropriate where significant money is being left for a pet's care or where additional accountability is desirable.

Practical Examples

Example One: A Family Dog

Sarah owns a ten-year-old Golden Retriever named Bailey.

Her sister has cared for Bailey many times over the years and agrees to become his caregiver if Sarah dies.

Sarah's will leaves Bailey to her sister together with a financial gift intended to help pay for food, veterinary care, and other ongoing expenses.

She also prepares a separate letter describing Bailey's medications, favorite walking routes, feeding schedule, and veterinarian.

Example Two: Two Indoor Cats

Michael owns two elderly indoor cats that require daily medication.

His will names a close friend as their caregiver and leaves funds to assist with veterinary care and prescription costs.

Because the friend is already familiar with the cats' routines, the transition is much easier after Michael's death.

Example Three: A Horse with Significant Care Costs

Jennifer owns a retired horse that requires ongoing boarding, specialized feed, and regular veterinary attention.

Recognizing that these expenses will continue for many years, she works with her lawyer to establish an arrangement that provides sufficient funds for the horse's ongoing care while clearly identifying the person responsible for making decisions about its welfare.

Common Mistakes

Assuming Family Members Will Automatically Take the Pet

Many people believe that a relative or friend will naturally take their pet.

Unfortunately, circumstances may prevent them from doing so.

Discussing your wishes with the proposed caregiver before preparing your will can prevent difficult decisions later.

Leaving Money Directly to the Pet

Because pets are considered property under Alberta law, they cannot inherit money directly.

Instead, funds should generally be left to a caregiver or managed through an appropriate legal arrangement.

Forgetting to Name an Alternate Caregiver

If your chosen caregiver dies before you or is no longer able to care for your pet, an alternate caregiver can help ensure your wishes are still carried out.

Failing to Leave Care Instructions

Every pet has unique routines, medical needs, and behavioral characteristics.

Providing written instructions helps the new caregiver understand your pet's needs and can make the transition less stressful for both the caregiver and the animal.

Forgetting to Update Your Estate Plan

Relationships and circumstances change over time.

If your chosen caregiver moves away, develops health issues, or is no longer willing to care for your pet, your will should be updated accordingly.

Costs and Considerations

Providing for a pet does not usually add significant cost to preparing a will, although more detailed planning may be appropriate in certain situations.

Factors to consider include:

• the pet's age and life expectancy;

• ongoing veterinary expenses;

• special dietary or medical needs;

• insurance costs;

• grooming requirements;

• boarding expenses;

• multiple pets;

• valuable breeding or show animals; and

• whether a trust is appropriate.

The more detailed the planning, the easier it is generally for your executor and your pet's future caregiver to carry out your wishes.

When Should You Speak With an Estate Lawyer?

Professional legal advice may be particularly valuable if:

• your pet has significant medical or behavioral needs;

• you wish to leave substantial funds for your pet's care;

• you own multiple pets;

• you own horses, breeding animals, or other animals with significant financial value;

• you operate an agricultural property involving livestock;

• your family disagrees about who should care for your pet;

• you are considering establishing a trust; or

• you are updating your estate plan after a significant life event.

An estate lawyer can help ensure your wishes are legally documented and that appropriate arrangements are made for both your pet and your beneficiaries.

How Bridgestone Law Can Help

For many people, ensuring a beloved pet will continue to receive proper care is an important part of estate planning. With thoughtful planning, you can help reduce uncertainty for your family while giving your pet the best possible opportunity to remain in a caring and familiar environment.

Bridgestone Law assists individuals and families throughout Calgary and Alberta with wills, estate planning, probate, and estate administration. We can help you prepare a comprehensive estate plan that includes practical arrangements for your pets, your family, and your other important assets.