Research Guides: Animal Law: Wills and Estates

Wills and Estates

Book Chapters

Animals in Housing & Wills and Estates by Victoria Shroff
Call Number: KE452 .A5 S56 2021 LAW
Publication Date: 2021
In Victoria Shroff, Canadian Animal Law
Available in print to the U of T community

Journal Articles

Leading Cases

Carvalho v Verma, 2024 ONSC 1183
Estate Law
(2024) The Ontario Superior Court ordered Aliesha Verma to return a dog named Rocco Junior to Arlete Carvalho, the estate trustee and sister of Verma’s late boyfriend, Leonard Carvalho. Verma claimed the dog was gifted to her by Leonard before his passing, but Arlete contested this, seeking a court declaration of ownership. The court considered various factors, such as the turbulent relationship between the couple, evidence showing Leonard's significant financial contribution towards purchasing Rocco Junior, his designation as the dog's owner on veterinary records, and his primary role in caring for the dog. Based on the evidence presented, the court ruled that Rocco Junior was owned by Leonard Carvalho at the time of his death and should be returned to his estate.

RELATED DECISION:

Carvalho v Verma, 2024 ONCA 222

The Ontario Court of Appeal dismissed Aliesha Verma’s motion seeking to stay the order requiring her to return the dog, Rocco Jr., to Leonard Carvalho's estate trustee, pending appeal on the basis that she failed to demonstrate irreparable harm and a determination that the balance of convenience favored the estate.

RELATED DECISION:

Carvalho v Verma, 2024 ONSC 3915

The court ordered Aliesha Verma to pay $83,570 in costs to the estate trustee, emphasizing proportionality and rejecting both parties’ excessive legal expenses, which collectively totaled over $265,000 (with Ms. Carvalho seeking full indemnity costs of $212,025.52 and Ms. Verma seeking substantial indemnity costs of $55,395.77).

International Resources (United States)

Articles

Other Resources

Estate Planning for Non-Human Animals
Timothy S. Midura, Executive Director of the Brooks Institute for Animal Rights, Law & Policy, has put together a collection of resources for estate planning for non-human animals in the United States. The resources include papers, powerpoints, checklists, sample clauses and more.