As a single woman with no children, I had never really given much thought to estate planning. I'm close to my brother and sister and just assumed they'd amicably divide things up after I was gone.
That breezy attitude came to an abrupt end several years ago when my flight from Las Vegas to Toronto hit the worst turbulence I'd ever experienced. I was flying at least once or twice a month and had seen my share of bad flights — but this was something else entirely. The man sitting beside me actually grabbed the cross from his necklace, clenched it in his fist and rocked back and forth reciting the Lord's Prayer as the plane shook.
What will happen to my pets if I die?
What surprised me most wasn't the fear — it was what I thought about. Not my sister or brother. Not old regrets. My cats. All three of them.
Who would take care of them if I died? Would they end up at the Humane Society? Would they be kept together or separated? Who would tell their new owner about their hypoallergenic diets and favourite brand of catnip?
The uncertainty was crushing — and it was entirely my fault for not having a will.
I come from a long line of animal lovers. My sister is a veterinarian and has always stressed that full responsibility for a pet doesn't end at the food bowl. And yet, there I was — no will, no plan, no protection for the animals I loved most. According to an Angus Reid survey, 50% to 58% of Canadian adults don't have a will at all (1). Among those who do, pet provisions are among the most commonly overlooked elements.
It's a gap that has real consequences. Humane societies across Canada report that one of the leading reasons pets are surrendered is the death or sudden incapacitation of an owner who had no plan in place.
Planning for the worst-case scenario
Spoiler alert: the flight didn't crash. As we came in for landing, I made a promise to myself — I would get a legal will before the month was out.
As soon as I got home, I mapped out how I wanted to divide my estate between my sister and brother — and, critically, who would care for my three cats. My siblings were ruled out quickly: my sister has a dog who doesn't get along with cats and my brother has allergies.
So I had an honest conversation with my neighbour — a close friend, fellow cat lover and my regular cat sitter. I asked if she'd be willing to take in all three cats if I died unexpectedly. She agreed without hesitation.
I also decided to set aside $50,000 to cover their care and any significant vet bills. I don't have that sum sitting in a savings account, but I own my home. My sister, whom I named as executor, would be able to sell the property and direct funds accordingly. For context, the Canadian Animal Health Institute estimates Canadians spend between $1,500 and $5,000 annually per pet, depending on the animal — so a dedicated fund makes practical sense, not just sentimental sense (2).
Setting up a legal will
The next step was making it official. I wanted a will that was legally enforceable, but I didn't want to spend a fortune. I did my research and discovered that Canadians have more affordable options than ever.
Online legal will platforms, such as Epilogue, allow users to create a complete, legally binding end-of-life plan — including a power of attorney, a personal directive and provisions for pets. This platform has become increasingly robust since I first looked into it, and are now recognized across most Canadian provinces.
In just 20 minutes, you can create a legally-binding will from anywhere in Canada using the online portal from Epilogue. That means in less time than it takes to get an oil-change, you could prepare a legally-binding will as well as Power of Attorney documents, affidavits of execution, along with other estate planning tools.
Get started with Epilogue.
Specific bequest vs. pet trust: What's the difference?
In Canada, pets are still considered property under the law — which means you can't leave money directly to an animal. But there are two practical ways to protect them in your will.
The first is a specific bequest: you leave your pet to a named person, the same way you may leave a piece of jewellery or an art collection. This is simple and legally straightforward, but it doesn't guarantee funds will be used for the animal's care.
The second is a pet trust: you designate a trusted guardian to care for your pet, and a separate trustee to manage and distribute funds for that purpose. The trustee releases money to the guardian at defined intervals — quarterly, annually or as needed for vet bills.
Pet trust rules vary by province. Ontario's Succession Law Reform Act (3), Alberta's Wills and Succession Act (4) and British Columbia's Wills, Estates and Succession Act (5) each provide frameworks that make pet trust provisions more legally enforceable today than they were even a decade ago. If you're setting up a trust, a lawyer can help ensure it's structured to hold up.
One complication worth knowing: there's no guarantee your chosen trustee will honour the arrangement over time. For this reason, many estate lawyers recommend appointing a third-party "protector" — someone who oversees the trustee and can step in if the trustee becomes incapacitated or fails to follow through.
How I made sure my cats would be looked after
In my case, I trusted my neighbour completely and didn't feel I needed a separate trustee. I also confirmed — outside of the formal will — that she'd temporarily take in my cats if I was ever hospitalized or incapacitated. You can, and arguably should, include that kind of provision directly in your will.
Getting a will isn't just about the people you'll leave behind — it's about every living thing in your care. Knowing my cats would be fed, loved and together, no matter what happened to me, gave me a peace of mind I didn't know I was missing.
When to update your will
Lawyers generally recommend updating your will after any major life or financial event — a new pet, a move, a change in the value of your estate or a shift in your relationships. If you already have a will but haven't named a pet guardian, a simple amendment (called a codicil) is far less costly than drafting a new document. With online platforms such as Epilogue, updates can be made free of charge at any time.
If you don't have a will yet, your pets are a perfectly good reason to finally get started. Meet with a lawyer or explore an online platform — and once your will is sorted, consider looking into pet insurance to protect them while you're still around to enjoy them.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
Angus Reid (1); Canadian Animal Health Institute (2); Government of Ontario (3); Government of Alberta (4); Government of British Columbia (5)
Sandra MacGregor has been writing about finance and travel for nearly a decade. Her work has appeared in a variety of publications like the New York Times, the UK Telegraph, the Washington Post, Forbes.com and the Toronto Star.
Credit Cards • Mar 02
