Lifetime Planning and Wills specialist, Jenny Greenland, explains the legal position on what happens to pets when you die. What can you do to secure your pet’s future?Contact Jenny on 01225 755656 or complete the Contact Form below. |
Every year, the Pet Food Manufacturers Association (PFMA) commissions new research into pet ownership trends. They publish the results as the Pet Population Report. In 2021, the report revealed that an incredible 17 million households (59%) in the UK own at least one pet.
What happens to pets when you die?
As a nation of animal lovers, it’s no surprise that many of us leave behind a pet when we die. Naturally, and understandably, many pet owners look for peace of mind by putting arrangements in place for the care and well-being of a pet should the worst happen. The arrangement may be a simple agreement or understanding with a friend or relative that your pet will go and live with them. However, some pet owners prefer the reassurance of a more formal arrangement.
Including my pet in my Will
While your pet may be your loyal friend and companion, the law considers an animal a personal chattel (possession) in the same way as a piece of furniture, your car, or an antique vase. It’s a common misconception that you can leave your house, money, or other assets to your pet. But as your pet is personal property, it cannot be a beneficiary in your Will. However, like any property, you can leave your pet to somebody else.
Who should I leave my pet to?
Depending on your circumstances, the answer to this question may be obvious – or less so. And there is then the crucial question as to whether your chosen custodian is happy to accept your pet. After all, looking after a pet is a huge responsibility involving a considerable commitment of both time and money. And just like any other gift in your Will, the intended beneficiary can decline to accept it. You may therefore consider leaving some financial provision to your chosen custodian to help pay for your pet’s care.
Sometimes more than one person is keen to have your pet, which may be a problem. In that case, gifting your pet in your Will can help to avoid arguments or bad feelings among those closest to you. In this situation, you may decide to set out the reason for your choice in a separate letter of wishes.
As situations change over time, you may opt for the flexibility of allowing your executors to decide what happens to your pet. After all, what may seem right now, may appear less so later.
What happens if there is nobody to leave my pet to?
It may be that no one would be able to offer your pet a home. In that case, it’s worth considering selecting a charity to take on and rehome it. Two possibilities are the RSPCA’s Home for Life service and the Cinnamon Trust, which places pets into lifetime foster care.
Update your Will
If your pet dies and you obtain another, it’s essential to review your Will to ensure that any existing pet provisions are still valid. For example, most people like to describe a specific animal in their Will – “my pet cat Roger” – rather than using more general (and impersonal) wording such as “any cat I own at the time of my death”. If Roger dies and you obtain another cat, Henry, the earlier gift of Roger does not automatically cover Henry.