Treated like members of the family, pets are increasingly included in their owners’ wills – often much to the dismay of human relatives who find themselves snubbed in favour of the deceased’s four-legged best friend. Recently, heiress Gail Posner left a $3-million (all figures U.S.) trust fund and her $8.3-million Miami Beach mansion to her three dogs, Conchita, April Maria and Lucia. (She also left $27-million to her maids, bodyguards and personal trainer.) Her only child, who received $1-million, is challenging the will in court.
While eccentric millionaires go to extremes, making sure your pets are cared for after you die is becoming more common.
The law in Canada views animals the way it views money or houses—as property.
Toronto estate lawyer Barry Seltzer, author of the new book Fat Cats and Lucky Dogs: How to leave (some of) your estate to your pets, says that at least a third of his clients who have pets ask for provisions for the animals in their wills. Canadian law prohibits leaving money directly to animals, but Seltzer says there are other ways to ensure Fluffy and Fido will live the good life after you’ve gone to that big dog park in the sky.
Question: What are the most common mistakes or false assumptions that people make when thinking about what will happen to their pets after they die?
Barry Seltzer: Many pet owners think a friend or relative will automatically take their pet if they die, but the fact is the friend or relative may give it away, take it to a shelter, or sell it. As property, the pet will pass under the owner’s will or to the owner’s heirs if the owner does not have a will. If it is a valuable animal, the court may decide who ultimately gets it. It may be someone whom its original owner would not have wanted to have it!
The law in Canada views animals the way it views money or houses—as property. In most jurisdictions pets cannot be the direct beneficiaries of wills, trusts, or insurance policies. In Canada you cannot leave anything to a pet in your will. However, with proper planning, pet owners can make sure their pets receive proper care after their death.
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Question: We hear about the high-profile cases like Leona Helmsley and Gail Posner, but is estate planning for pets something normal people in Canada do? How common is it?
Barry Seltzer: In my law practice I have seen more and more people include their pets as part of their estate plan. I would estimate that at least 3-4 people out of 10 people who have a pet ask for a provision dealing with their pet to be included, at least, in their last will and testament.
Question: How hard is it to make legal arrangements for your pet after you die in Canada? Is it something you can do yourself or do you need an attorney's help, and how much time and money should you expect to spend?
Barry Seltzer: Baskin and Robbins ice cream stores used to carry a sign that said anyone could make ice cream cheaper, but not necessarily better. My point is, there will always be “inexpensive” alternatives to lawyers, and in certain limited circumstances these might work well enough. Everyone does not need a complicated expensive estate plan and pet plan and in these cases a lawyer-prepared will, including pet provisions, is not really expensive. In this area, as in many others, it’s what you don’t know that may haunt your family and your pet.
Question: How do living relatives react when they find out that part (or all) of the estate is going to the pet? How can you minimize the chances of a challenge?
