What happens to my pets if I die without a will in Ontario?
Under Ontario law, pets are considered personal property. If you die without a will, your pets become part of your estate and are distributed — like any other asset — according to the intestacy rules. This means whoever inherits your estate also inherits your animals, whether or not that person is willing or able to care for them.
The law does not guarantee that a pet will go to the person best suited to care for it. A residuary heir who has no interest in keeping an animal may surrender it to a shelter or otherwise rehome it as they see fit. There is no mechanism under intestacy rules to compel anyone to care for an animal.
A will allows you to name a specific person to receive your pets, include a gift of money to cover their care costs, and even make conditional arrangements for backup caregivers. Some people establish a pet trust. Whatever approach you choose, the only way to ensure your wishes are honored is to put them in a will.
Key takeaways
- Pets are treated as personal property and pass through the estate like any other asset.
- Without a will, the heir who receives them decides what happens to the animals.
- There is no intestacy mechanism to ensure pets go to a suitable caregiver.
- A will lets you name a specific caregiver and provide funds for the pet's care.