By: Kira Berkeley
In the past decade or so, animal law has become more and more prevalent in Canada. Broadly speaking, animal law is essentially any area of the law that affects an animal. For example, animal law intersects with family law in relation to pet custody disputes, it intersects with criminal law in relation to animal cruelty charges, and it even intersects with wills and estates law when individuals consider their companion animal(s) in their estate planning process.
Many Canadians who live with companion animals (such as dogs, cats, rabbits, etc) see these animals as members of their family. As such, it’s important to consider planning for your pet in the event of your death by detailing your plan in your Last Will and Testament (“Will”). This will also help your named executor carry out your wishes by providing a roadmap setting out the life you envision for your companion animal once you’re no longer around. Some questions you should think about on this front before signing your will include:
Who would you like to take over caring for your companion animal?
Are they willing to take on this responsibility?
Would you like to name an alternate person, in the event the first individual(s) named is unwilling or unable to act?
Would you like to leave a sum of money to the individual(s) to be used for the care of your companion animal? If so, how much?
In the event no one named is able to take on the responsibility of caring for your companion animal, is there a specific animal rescue you would like your animal to go to (i.e., Ottawa Dog Rescue, the Humane Society, etc.)
If so, would you like to leave a sum of money to the rescue to be used for the care of your companion animal until they are able to find your companion animal a new home? If so, how much?
Once you are ready to create a Will, contact Kira Berkeley, an Associate Lawyer in our Wills & Estates Department. We are more than happy to walk you through the process to create Wills and Powers of Attorney that reflect your wishes in the best interests of you and your family (including your companion animal(s), if you choose).
Lastly, if you already have a Will but would like to add in considerations for your companion animal, we can help you prepare a codicil to add your additional intentions to your existing Will.