Pets, Estate Plans, and What Actually Happens
Most people don’t think of their pets as part of their estate plan.
They think of them as family. As companions. As the constant presence in their day-to-day life. And because of that, pet planning often gets reduced to a sentence or two, or an assumption that someone who loved your pet will step in and take care of things.
Usually, that assumption sounds something like this:
“My daughter will take the dog.”
“A friend will look after the cat.”
“It won’t be complicated.”
Sometimes that’s true. But when it isn’t, the consequences land squarely on the executor.
How Pets Are Treated Versus How People Plan
Legally, pets are treated as property. Although many people know that, they don’t plan with it in mind.
Instead, they plan based on relationships and trust. They assume that because someone loves animals, or loves them, things will naturally work out. There’s often no discussion about costs, timing, medical decisions, or what happens if circumstances change.
What looks simple from the owner’s point of view can become very unclear once the estate is being administered.
Executors are the ones left to figure out practical questions like:
- Who is responsible for the pet right now?
- Who is paying for food, grooming, and veterinary care?
- Who can authorize treatment if something happens?
- What happens if the named caregiver can’t or won’t step in?
These questions come up early, often before probate is even granted, and they have to be addressed whether the executor feels prepared or not.
Executors are often dealing with pets within days of a death. When instructions are unclear, decisions still have to be made, and someone has to take responsibility.
What Executors Are Actually Dealing With
Until a pet is transferred to a new caregiver, the executor is effectively responsible for its welfare.
That can mean arranging temporary care, approving veterinary treatment, and dealing with costs during the period when the executor may not yet have access to estate funds. It can also mean navigating family dynamics when different people have different opinions about what should happen.
- One person wants to spare no expense.
- Another questions every dollar spent.
- Someone else doesn’t want the pet at all.
Without clear direction, the executor is left trying to balance animal welfare, estate funds, and family expectations, all at the same time.
This is where pet planning stops being about love and starts being about logistics.
I worked with an estate where the deceased had a senior dog with ongoing medical needs. The will named who the dog was to go to, but there were no instructions and no funds set aside. The named person lived out of province and couldn’t take the dog right away.
During that gap, the executor was approving veterinary care, paying boarding costs, and responding to questions from beneficiaries about why estate money was being spent.
From a legal standpoint, the questions weren’t unreasonable. The issue wasn’t the executor’s judgment. It was the lack of clear authority and instructions in the plan.
In situations like this, executors often find themselves having to explain and justify decisions after the fact, even when those decisions were unavoidable.
Why Pet Trusts Are Gaining Traction
Pet trusts aren’t new, but they’re being talked about more for practical reasons.
Veterinary care is far more expensive than it used to be. Diagnostics, specialty care, medications, and emergency treatment are now common, not exceptional. What might once have been a manageable expense can quickly become a long-term financial commitment.
Pets are also living longer. It’s not unusual for a dog or cat to need care for many years after an owner’s death.
From an executor’s perspective, this matters. Without designated funds or clear authority, paying for ongoing care can become contentious very quickly.
A properly structured pet trust can help by setting aside funds specifically for the pet and outlining how those funds are to be used. It can also provide oversight so the executor isn’t left policing spending or defending decisions.
That said, pet trusts are not treated the same way everywhere. Their validity and enforcement vary by province and territory, which is why legal advice is essential before relying on one.
Informal Arrangements Don’t Hold Up Under Pressure
Many people rely on informal arrangements. A conversation over coffee. A casual agreement with a friend or family member. A belief that goodwill will carry the day.
The problem is that informal arrangements aren’t enforceable.
People’s circumstances change. Health changes. Housing changes. Financial situations change. Someone who once said yes may no longer be able to follow through.
When that happens, the executor is left scrambling for alternatives, often under time pressure and with limited options.
This is where written instructions matter. Even when a full pet trust isn’t appropriate, detailed guidance paired with properly drafted documents gives executors something solid to rely on.
When plans rely on assumptions instead of instructions, executors are left making decisions without protection, clarity, or support.
Planning Beyond “Who Gets the Pet”
Thoughtful planning goes beyond naming a new owner.
It looks at the realities of care and decision-making. It asks questions that don’t always feel comfortable, but matter a great deal once the owner is gone.
Questions like:
- Does the caregiver share similar views on veterinary intervention and end-of-life decisions?
- Are there funds set aside, and are they realistic?
- What happens if the caregiver can’t continue?
- Who has authority if there’s disagreement?
When these questions are answered in advance, executors aren’t left guessing, and families aren’t left arguing.
A Reality Check for Pet Owners and Executors
If you’re a pet owner, it’s worth asking yourself whether your plan is clear, or whether it relies on trust and assumptions.
If you’ve been named executor, it’s worth asking whether you actually know what the person expects you to do if a pet is involved.
Many people don’t realize how much extra responsibility pets can add to an executor role. Not every executor is comfortable making animal welfare decisions, especially when money or family tension is involved.
That isn’t about willingness. It’s about preparedness.
A Practical Step Forward
Pet planning doesn’t have to be complicated, but it does need to be intentional.
That usually means:
- Clear caregiver choices, with backups
- Realistic funding for care
- Written instructions an executor can rely on
- Alignment with provincial law
This is where a review can make a real difference, before anyone is forced to act under pressure.
If you’re unsure whether your current plan truly protects your pets, or if you’ve been named executor and aren’t clear on what’s expected of you, this is something worth looking at sooner rather than later. A one-one-one consultation can help you think through these decisions in a practical, grounded way. You can learn more at https://nexsteps.ca/.
Why This Matters Now
With rising pet ownership, higher veterinary costs, and increasingly complex family dynamics, vague pet planning creates real risk.
- Executors can face delays and conflict.
- Caregivers can face unexpected financial strain.
- Pets can face uncertainty at the worst possible time.
Clear, intentional planning reduces all of that.
Closing Thoughts
When heirs have four legs, assumptions aren’t enough.
Clear instructions, realistic funding, and enforceable structures make it easier for executors to do their job and for pets to be cared for as intended.
If your estate plan hasn’t addressed pets beyond a sentence or two, this is an area worth revisiting. Not because something will definitely go wrong, but because when it does, it happens fast.
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Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.
