Pets in wills: Planning for an increasingly common issue

For many pet owners, pets are well and truly part of the family. While the law continues to treat pets as property, the reality for most pet owners is very different. This disconnect can create real uncertainty if arrangements for pets are not addressed clearly in a will.

In practice, questions about pets arise regularly in estate planning. Clients are often concerned about ensuring their pet is cared for by the right person, in the right way.

What happens if a will does not deal with pets?

If a will does not include any direction about a pet, the pet forms part of the deceased’s estate like any other item of property. Responsibility for deciding what happens will usually fall to the executor.

In practice, this often means decisions are made quickly and at a time of grief. Without guidance, pets may be rehomed in circumstances the owner would not have intended, or disputes may arise between family members as to who should take responsibility.

Common issues seen in practice

A common assumption is that a family member or friend will step in to care for a pet. In many cases, this has never been expressly confirmed, or the practical reality of taking on the responsibility has not been properly considered. When the time comes, that person may not be in a position to take on the ongoing care of the pet.

Another issue is the reliance on informal wishes, such as conversations, emails or notes. While well-intentioned, these arrangements are not legally binding and may be overlooked or disputed.

Why a will is the appropriate mechanism

A will allows a pet owner to formally appoint a person to take ownership and care of their pet and to provide funds to assist with that care. These directions are legally enforceable and provide clarity for executors and family members.

A will can also deal with contingencies by appointing an alternative carer if the primary carer is unwilling or unable to act.

Binding arrangements and supporting guidance

While pets cannot inherit money, a will can gift a pet to a nominated carer and leave funds to support the cost of ongoing care.

Many pet owners also choose to prepare a separate written care guide. While not legally binding, it can record important practical information such as diet, routine, veterinary details, grooming and care preferences, personality traits and quirks, training history and sensitivities, and insurance information. While not legally binding, this guidance can be invaluable for the person caring for the pet.

Key takeaways

Planning for pets is about clarity.

Addressing pets in a will reduces uncertainty, avoids rushed decisions, and ensures care arrangements reflect the owner’s intentions. As pets continue to play a central role in our lives, this is an issue that deserves deliberate consideration.

It is also a topic we look forward to discussing with pet owners at Gold Rush in March, and later this year at the Dog Lovers Festival.

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