Pets & Will Trusts

For many pet owners, their pets are regarded as their closest companion. In many polls, the British population has defined their pets as part of their family. It has been shown in recent studies that pets can reduce anxiety, stress and depression, ease loneliness, encourage exercise and happiness.

If you are a pet owner, you may well worry about who would look after your pets if you were to pass whilst they are still alive. It may be your intention to make provisions for them to ensure they do not miss out after your death. This provision would be contained within your last Will and Testament.

Precision wording

Caution should be exercised when it comes to the wording of general gifts for pets in Wills. This is because an incorrectly written clause in your Will may fail. For example, a monetary gift (e.g. £5,000) to your dog will fail, as animals cannot give legal receipt to the executors or hold assets. Furthermore, it is important to ensure that you encompass any future pets you may have in your Will.

It is possible to make gifts of family pets in your Will as animals are defined as personal chattels. Therefore, if you consider that there is someone who would look after your pet after your death, a legacy should be inserted into your Will. It is prudent to discuss the matter with the person you have elected to look after your pet and confirm they are happy to take on the duties associated with taking care of said animal.

Providing for pets

The English Courts have decided that a gift providing for a pet’s maintenance to a specified individual is a valid and legitimate legacy in a Will. The gift can be conditional upon the beneficiary taking on the responsibility of looking after the pet. This avoids a situation of your chosen person not being able to take on the responsibility simply due to lack of funds. There is no guarantee, however, that the said person will take on the responsibility of looking after your beloved animal (e.g. the beneficiary may have predeceased you or may no longer be in a position to do so).

It is therefore a good idea to have an alternative plan in place, for example, by including a substitute beneficiary who can look after your pet should the first beneficiary be unable to.

If you are struggling to consider suitable candidates to take care of your pet after your death, you can of course think about a charitable organisation such as the RSPCA, and many charities are able to offer advice about what they are able to offer.

Frequently Asked Questions

Can I leave money directly to my pet in my Will?

No. Under English law, pets are considered personal chattels and cannot legally inherit money or property. However, you can leave a monetary gift to a person on the condition that they use it to care for your pet.

How do I ensure someone will look after my pet when I die?

You can name a trusted individual in your Will to take over your pet’s care. It’s essential to discuss this with them beforehand to confirm they are willing and able to take on the responsibility.

What happens if the person I nominate to care for my pet can’t take them?

Circumstances can change, so including a substitute beneficiary is strongly recommended. This ensures there is a backup plan if your first choice cannot or does not want to take the pet.

Can I include future pets in my Will?

Yes. Your Will can be drafted to cover pets you currently own and any future pets you may acquire, provided the wording is precise.

What is the best way to financially provide for my pet’s care?

Many owners leave a financial legacy to the nominated carer, often with a clear expectation or condition that the funds be used for the pet’s maintenance, vet care, and general wellbeing.

Examples

Example A

The single pet owner with one trusted friend

Sarah, a single professional, owns an elderly cat named Milo. She names her close friend Rebecca as the person who will take Milo if she passes away. In her Will, Sarah leaves Rebecca a £3,000 conditional gift, to be used specifically for Milo’s food, vet bills, and general care. She also names her brother as a backup caregiver in case Rebecca is unable to take Milo at the time.

Why it works:

· Clear appointment of a carer

· Monetary gift left to a human, not the pet

· Substitute beneficiary prevents uncertainty

Example B

Owner without suitable friends or family

Margaret, an elderly widow, has no close relatives able to take her Border Terrier, Toby. She joins a charity-run pet legacy scheme (e.g., RSPCA Home for Life). Her Will includes a clause stating Toby should be placed under that charity’s care. She also leaves the charity a modest donation to support Toby’s rehoming.

Why it works:

· Professional, guaranteed backup

· Simple instructions ensure pet is safely rehomed

· No reliance on unreliable or unavailable individuals