When preparing a will, most people focus on family and close friends. They want to ensure their loved ones are cared for after they pass away. Partners, children, and close relatives usually take priority.
However, many also have pets that rely entirely on them. It’s important to consider what happens if pets outlive their owners. Pets cannot inherit money or property because the law does not recognise animals as legal persons.
Still, there are legal ways to make sure pets continue to receive care after their owner’s death. This article explores those options, the legal principles involved, and practical steps to include pets in your will.
The Legal Status of Pets and Inheritance
Pets are beloved companions but treated differently under the law. Legally, pets are considered property, not persons. This means they cannot directly inherit money or assets through a will.
A will is a legal document that distributes a person’s estate after death. Beneficiaries must be legal persons or entities such as individuals, charities, or companies. Since animals cannot hold property, they cannot be named beneficiaries.
Because of this, pet owners must use other methods to provide for their pets. For example, you cannot write, “I leave £10,000 to my dog, Rex.” Instead, you must leave money or property to someone who will manage it for the pet’s benefit. This legal distinction shapes how you plan your pet’s care in your estate.
Common Methods to Provide for Pets in Wills
There are two main ways to financially support a pet after the owner dies. Each has advantages and drawbacks. Which is best depends on your situation, your pet, and who will care for them.
Leaving Money to a Caregiver
The simplest method is to leave money to someone you trust to care for your pet. This could be a family member, friend, or professional carer. Your will specifies the money is for the pet’s needs, such as food, veterinary bills, and grooming.
This approach relies on the caregiver’s honesty. Once they receive the money, it becomes theirs to manage. Without a separate legal agreement, there is no obligation for them to spend it solely on the pet. This method is straightforward but carries the risk that funds may not be used as intended.
Creating a Pet Trust
A more secure option is a pet trust. A trust is a legal arrangement where a trustee holds and manages assets for someone else’s benefit.
In a pet trust, the trustee manages money set aside specifically for your pet’s care. Your will appoints:
- A trustee to manage the funds and ensure proper use.
- A caregiver to look after the pet daily.
- Sometimes, a protector or enforcer to oversee the trustee’s actions.
You provide clear instructions about how the money should be spent and how the pet should be cared for. The trustee is legally required to follow these terms. This arrangement offers more control and peace of mind.
Advantages of Using a Pet Trust
Compared to giving money directly to a caregiver, a pet trust offers:
- Control over how funds are spent, protecting your pet’s interests.
- Legal duty for trustees to manage funds responsibly.
- Oversight to prevent misuse of money.
- Detailed care instructions, covering diet and medical needs.
- Specification of who receives leftover funds after your pet dies.
These features reduce the risk of funds being wasted and help avoid disputes among family or caregivers.
How to Set Up a Pet Trust
Setting up a pet trust requires legal expertise. A solicitor specialising in estate planning can draft the trust clearly.
Key points to address include:
- Choosing a trustworthy trustee.
- Naming a caregiver who agrees to care for your pet.
- Providing detailed care instructions for daily routine, health, and diet.
- Defining how and when the trustee pays the caregiver.
- Stating how long the trust lasts, usually until your pet’s death.
- Deciding who inherits any remaining funds.
This structure helps ensure your pet’s proper care and keeps your estate organised.
Selecting the Right People
The success of a pet trust depends on the people you appoint.
The caregiver must be willing and able to care for the pet. Confirm their acceptance before naming them. Their responsibilities will include feeding, grooming, exercise, and companionship.
The trustee will manage the money. Choose someone reliable and responsible, whether a family member, friend, or professional.
You may also choose to appoint a protector or enforcer. This person will oversee the trustee, providing additional oversight.
While it’s possible to name the same person as both trustee and caregiver, separating the roles can help reduce conflicts and ensure checks and balances.
Clear Instructions Are Essential
Your will should include specific directions on caring for your pet. Vague instructions can cause confusion or disputes.
Consider including:
- Type and frequency of food.
- Medical care routines, including vet visits and treatments.
- Exercise and socialisation needs.
- Housing and environment preferences.
- Behavioural traits or fears.
- Any medication or supplements.
These details help the caregiver and trustee meet your pet’s needs and protect their welfare.
Addressing Potential Disputes
Disputes over wills can occur, especially involving pets. Family or others may question:
- Whether the caregiver is fulfilling their responsibilities.
- How money for the pet’s care is being used.
- Who receives leftover funds after the pet dies.
To reduce risks:
- Make your will and trust documents clear and detailed.
- Use professional legal advice.
- Name alternate caregivers and trustees in case your first choices cannot serve.
- Inform everyone involved about your plans.
- Update your will regularly to reflect changes.
Regularly Reviewing Your Will
Life changes. Pets may come and go, and caregivers’ availability may shift. Regular reviews keep your will current and your pets protected.
Updates might include:
- Adding new pets.
- Removing pets who have passed.
- Changing caregivers or trustees.
- Adjusting financial provisions.
Other Important Considerations
Additional points to keep in mind:
- Costs: Consider vet care, food, grooming, and emergencies. Set a realistic budget.
- Pet Sanctuaries or Rescues: You might leave money to an animal charity as a backup.
- Special Pets: Some animals have unique needs or lifespans—plan accordingly.
- International Issues: If you move or have pets abroad, understand different legal systems.
- Digital Assets: Some pets have online profiles. Consider how to handle these.
Summary of Key Steps
- Choose who will care for your pet after you die.
- Decide how to provide funds for your pet’s care.
- Consult a solicitor experienced in wills and trusts.
- Draft a will with clear care instructions.
- Consider a pet trust for better control.
- Appoint trustworthy caregiver, trustee, and protector if needed.
- Communicate your plans to those involved.
- Review and update your will regularly.