What Happens to a Deceased Person's Pets in British Columbia?

If you are looking after a dog or cat after its owner has died, you may be unsure who the animal belongs to and whether you are allowed to keep it, rehome it or take it to a vet. The pet is often the most urgent and emotional part of an estate.

This page explains how pets are treated legally in British Columbia, who makes decisions, and what to do if nobody can take the animal in.

This article covers the law of British Columbia.

Who legally owns the pet now

In British Columbia there is no special statute found for the pet of a deceased owner. The pet is dealt with as part of the estate, under the will or the intestacy rules, by the personal representative.

A personal representative has the same authority over the estate as the deceased would have if living, subject to any contrary intention in the will and to any enactment. In everyday terms, the executor or administrator decides what happens to the pet unless the will says otherwise.

A common mix-up: the Family Law Act

You may read about "companion animal" rules in British Columbia. Under the Family Law Act, a companion animal is an animal kept primarily for companionship, and guide or service dogs, business animals and agricultural animals are excluded.

Those provisions govern disputes between separated spouses, not estates. They do not give a family member, friend or neighbour a special claim to a pet after the owner dies.

How the pet passes through the estate

If the will deals with the pet, the personal representative generally follows it. If there is no will, the pet is dealt with under the intestacy rules. If you are unsure who has the right to act, remember that a will may name an executor, and where there is no will a person can apply to handle the estate as an administrator.

• Check the will for any wording about the pet, or a named caregiver.
• Ask the executor, or the person applying to be administrator, before you rehome the animal.
• Keep records of vet bills and supplies you pay for the animal, so they can be raised with the personal representative.
• Be aware that the personal representative must administer the estate and account to beneficiaries and creditors.

Whether a pet's care costs can be repaid from the estate depends on the facts and on how the estate is handled, so it is worth confirming with the personal representative or a lawyer.

Finding the will and the person in charge

If you do not know whether there is a will, or where it is, there are official ways to find out. Once the testator has died, anyone who provides the documentation and payment can apply for a search of wills notice, using the Application for Search of Wills Notice (VSA 532) with a photocopy of the death certificate. The result shows the date the will was signed, where it was located at that time, and the date Vital Statistics received the notice, but it is not the will itself.

If the will is in a safety deposit box leased in the deceased's name, alone or jointly, the person controlling the premises must not allow removal of the box or its contents until a representative of the deceased or the joint holder has prepared a dated, signed inventory. Practices vary by bank, so ask the bank what it needs from you.

• The Province lists executor duties that include cancelling subscriptions and charge cards and redirecting mail, as well as inventorying assets, paying valid debts and filing tax returns.
• Institutions set their own rules on whether probate is required before they release assets or close accounts; some require a grant of probate and others do not.
• Executors and administrators may be held personally liable for valid debts of the estate if they remain unpaid after the estate is distributed.

If no one can take the pet

Sometimes the named person cannot or will not take the animal, and family cannot either. The personal representative still holds the authority over estate property, which includes the pet. What that means for rehoming the animal depends on the will and the situation, so it is worth confirming with a lawyer.

Animal rescue groups and shelters each have their own rules about taking in an animal after an owner's death, so confirm with the organization directly. Do this early, since a temporary caregiver may not be able to keep the animal for long.

A personal representative must also be careful about timing. Distribution of the estate generally cannot happen within 210 days after the grant is issued without a court order, though beneficiaries or intestate successors can consent. How this applies to an animal's day-to-day care depends on your situation, so talk it through with all the people involved and confirm with a lawyer.

What to do next

• Make sure the animal is fed, safe and seen by a vet if needed.
• Find the will and identify the executor, or find out who will apply as administrator.
• Tell the personal representative where the pet is and who is caring for it.
• Agree in writing, if you can, who will keep the pet permanently.
• Get legal advice if family members disagree about the pet.

Frequently asked questions