Can I leave money for my pets in my will in Ontario?

Pets are treated as personal property under Ontario law, which means you cannot leave money directly to a pet — an animal cannot hold legal title to assets. However, there are practical ways to provide for your pet's care in your will.

The most common approach is to gift your pet to a trusted person (the caregiver) along with a sum of money intended for the pet's care. You can express the intent that the money be used for the pet, but because a pet cannot legally enforce the gift, enforcement depends on the goodwill of the caregiver. To strengthen this, you can add a clause that if the caregiver does not use the funds for the pet, the money passes to an alternate person or charity.

A more formal option is a "pet care trust" — a trust established in your will with a designated trustee and funds earmarked for the pet's care, with specific instructions and a mechanism for oversight. Ontario law supports purpose trusts in limited circumstances, and a pet care provision can be drafted accordingly, though it should be reviewed by a lawyer to ensure it will work.

You should also designate a backup caregiver in case your first choice is unable to take the pet.