Aug 21, 2025
If you had kids, wouldn’t you make sure they were taken care of if something were to happen to you? Of course. So why aren’t we doing the same for our furry friends?
I’ve worked in Estates for 5 years and have been an animal lover for 28. I’ve seen a lot of Wills, however, I’ve noticed that none of them specify what would happen to their pets if they were to pass.
Now I know what you are thinking, not everyone likes these messy, smelly, hairy, EXPENSIVE (but adorable) animals, but did you know that 60% of Canadian households own at least one pet? By my calculations, that means I should have come across at least a handful of Wills that mentioned their fur babies.
I suspect that people don’t include their pets in their Wills because they either don’t know you can, or they assume a loved one will automatically care for them. Whether it be because they couldn’t imagine giving the animal away or because it may be the last living thing tied to your deceased loved one. However, that’s not realistic to assume nor expect, because animals are a big responsibility.
Now, who is “qualified” to take on the responsibility of being a fur parent?
- Consider their lifestyle. Do they have enough space/room? Are they renting or owning their home? Are they physically fit/capable of giving the animal the care it needs? Does anyone in the household have pet allergies?
- Consider the time commitment. What is their work schedule? Do they have any upcoming travel plans? If they have any kids already, are the kids ready to interact safely with a pet (and is the pet able to interact safely with children?) Are they planning to start a family soon?
- Consider the financial responsibility. Can they afford the ongoing costs and unexpected expenses?
The list goes on.
Please make sure you consider these questions when you are drafting your Will and planning to include your pets. If you have a specific person in mind, ask yourself the above questions, and once you think you have a suitable person, have a conversation with them and make sure they’re agreeable to taking on the responsibility. And it never hurts to have a backup – just in case!
The reality is, if you don’t properly consider the future care of your fur baby, they can end up in a shelter. Shelters are extremely overcrowded and underfunded, and with the cost of living getting more and more expensive, people can hardly afford kids, let alone animals. While children are almost always accounted for in the case that their parents pass, pets are not, and there aren’t the same securities and care put in place to keep them homed, fed, and cared for. Abandoned pets are often (and sadly) euthanized.
It’s important we also don’t forget the furry friends that have already passed and live on a shelf in your loved one’s home. Don’t let them end up in the trash or on a new shelf in a Value Village or Good Will.
Now, here is where I say something crazy, stay with me. I don’t have kids. My dogs are my kids and that is crazy to some people because animals don’t share the same DNA. But real animal lovers will get it.
Introducing the Casey & Moss LLP furry friends. The emotional support behind our toughest days.
Samantha’s dogs: Rusty and Phoebe
Hannah’s family dogs: Bubba, Andy and Kevin
Hannah’s family cat: Bucky
Hannah’s cats: Glep and Coraline
Colleen’s dog: George
Diana’s cat: Ollie
Jenny’s dog: Kaycie
Angelique’s cat: Ginger
Rebecca’s cat: Chester
Jennifer’s cat: Molson
Angela’s dog: Zoey
If you’ve stayed this long, and have a pet, give them a cuddle for me! <3
Samantha Valvona
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jul 2, 2024
The Denial
I still remember the day my mom got diagnosed with cancer. It was a beautiful summer morning, the sun was out and shining, but there was nothing joyful about the day ahead. As I watched the doctor give my mom the news, I began thinking a million different thoughts, but as you can imagine, not one of them was related to what would happen to my mom’s assets if she were to die.
The doctor walked my mom through the treatment options, but she also quickly glossed through (what I found to be) an unusual item on her agenda: asking whether my mom had a will. I recall finding this question incredibly strange, especially coming from a doctor, and my family and I felt rather upset that a will was even being brought up.
In hindsight, I recognize that a will was a necessary thing to bring up at the time, especially while my mom was still capable and in better health.
But at that point in my life, I was a young naive undergraduate student with zero knowledge about wills, other than the fact that I always associated them with the one thing I did not wish for my mom: death.
Writing a will, to me, was seen as a confirmation of what’s to come, and we did not want to spend any time planning for her death if we could be spending it with her instead.
So, I put off the topic of thinking about her will for as long as possible. My family did the same. With every moment we had kept denying and waiting, my mom lost more and more of her capacity and the ability to express her wishes or to make a valid will.
The Harsh Reality
Eventually, the day we feared came, and my mom passed away intestate (without a will).
While dealing with this great loss, I was also receiving calls asking for information such as who was overseeing my mom’s estate, whether she had a will, or who were the beneficiaries on her life insurance policies.
Everyone seemed to be asking for a bunch of documents, none of which I nor any member of my family knew how, where or when to obtain.
Finally, we realized that we can’t do this alone and require legal assistance.
Make A Will, even if You’re Not Willing
After talking to a few lawyers, I found out that all this confusion, fear, and anxiety could have been avoided if we were more proactive early on in getting my mom the resources she needed to sort out her affairs and express her wishes through a will.
Without her will, we were left in the dark about how to deal with or even access some of her assets and liabilities, and ultimately, we had no choice but to look into applying for probate (or a “Certificate of Appointment of Estate Trustee Without a Will”).
The main takeaway here is that there is a significant stigma around wills and estate planning, often seen as a morbid task rather than a responsible and caring act.
Overcoming this stigma is essential for ensuring that one’s wishes are honoured and that family members and friends are spared any unnecessary distress. Since working to overcome this stigma myself, I now understand that a will is not just something to think about when nearing death; it’s an important tool for planning out your wishes, and ensuring that your loved ones, nearest and dearest, are provided with the clarity and clear instructions that a will provides.
So, take it from an only child who was left dealing with the consequences of a deceased parent’s intestacy for months (and now years) after the loss: encourage your loved ones, or even yourself, to make a will when you are still able to do so, not because you are nearing death, but rather because you are protecting your wishes for when it comes.
Fara Seddigh
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jun 4, 2024
In the realm of estate planning, the importance of having a will cannot be overstated. A will ensures that your wishes are carried out after your passing, providing clarity and direction to your loved ones during a difficult time. However, the process of creating a will can often seem daunting, leading many individuals to turn to will kits as a cheap, accessible, and quick solution. Will kits are documents that can be purchased online or in-store, which walk the user through the process of writing a will (often, this is done in a fill-in-the-blanks type format). But as with any DIY approach, there are both benefits and drawbacks worth considering when relying on a will kit for your estate planning needs.
The Good
There are several reasons why someone may choose to rely on a will kit.
- Cheap(er): Hiring a lawyer to draft a will incurs costs. In comparison, a will kit can be found online or in-store for a fraction of the price, leading many to believe that a using a will kit is the more cost-effective choice.
- Accessible: Since will kits can be found online and printed at home, they offer a way for people to write a will from the comfort of their own home. This consideration becomes especially important for those having trouble with mobility.
- Quick: People with busy schedules or urgent needs to create a will may opt for a will kit due to time constraints. They might see it as a quicker way to get their affairs in order without having to schedule appointments with a lawyer.
The Bad
The bad news is that will kits are not as great as they seem.
- A one-size-fits all approach: A major drawback of using a will kit is the lack of customization. Every individual and family situation is unique, and a one-size-fits-all approach may not adequately address specific needs or circumstances. Without personalized legal advice, important considerations or opportunities for tax optimization may be overlooked.
- Error-prone: DIY wills are more susceptible to errors and ambiguities, which can lead to legal challenges or disputes among beneficiaries after the testator’s death. These errors are highly likely because will kits do not offer the legal guidance necessary to navigate complex issues such as estate taxes, trusts, or guardianship arrangements. Without professional advice, individuals may inadvertently make decisions that have unintended consequences for those around them.
…and the Ugly
Mistakes in wording or failure to comply with legal formalities prescribed by Ontario’s laws can make the will difficult to interpret or render it invalid.
- Your will kit could lead to litigation: Ontario’s laws governing wills and estates are precise and may require specific formalities to ensure the validity of a will. DIY will kits may not adequately educate individuals on these legal requirements, leading to the inadvertent omission of crucial elements or failure to comply with formalities such as witness signatures. A will that does not meet the legal requirements could be challenged in court, potentially leading to litigation to determine its validity. In addition, inadequately drafted wills have the potential to create tension among family members, especially if beneficiaries feel unfairly treated or if the testator’s intentions are unclear. This can strain relationships and lead to costly and emotionally draining litigation to resolve disputes.
- Your will kit could be invalidated: Ontario’s laws regarding wills and estates are intricate and subject to change. Using a will kit without proper legal oversight increases the risk of creating a document that does not comply with current legal requirements. For example, a missing signature or a partially typed will may be deemed invalid. Even seemingly minor discrepancies or omissions can result in the will being declared invalid by the courts.
Takeaway:
When drafting a will, whether through a will kit or a lawyer, it is vital to return to your core goals and values. Do you want to ensure that your assets are distributed in a specific manner? Is your goal to provide for loved ones, or safeguard against unwanted outcomes and beneficiaries?
While a will kit may offer a quick and accessible solution, it may not provide the level of customization and expertise necessary to address your individual needs. In addition, while a will kit may be the cheaper option outright, you may be signing your loved ones up for spending thousands of dollars in legal fees later down the road (even if the matter is resolved amicably).
Ultimately, estate planning is about more than just filling in blanks or checking off boxes—it is about crafting a document that reflects your values, priorities, and desires for the future. After all, the decisions you make today will shape the future for you and your loved ones tomorrow.
Diana Begaliyeva
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
