WHO WILL LOOK AFTER MY PET IF I DIE?

It is not unusual for a solicitor to be asked by a will maker how they might provide for a very loved pet. You can use your Will to formalise future arrangements for your pet.

These are several options which can be incorporated into your will which will give you some reassurance that you have made appropriate arrangements.

Option 1

Giving a Legacy to Friend or Family to Care for your Pet

You ask a trusted friend or family member if they will care for your pet. You would explain that you will leave a legacy in your will which would provide for the associated costs.

Your will would then incorporate a simple clause which leaves the pet and a sufficient legacy to the carer you nominate.  You need to understand that such a clause is non-binding (it can’t be enforced) so you need to find someone you trust to carry out your wishes.

Option 2

Testamentary Trust in your Will

An alternative is to set up a trust in your will. The trustee would manage the trust assets and pay over the income or capital from the trust to the carer who provides the day-to-day care.  As with previous option, a trust imposes only a non-binding direction, however at least in this option the executor could monitor the pet’s welfare before s/he handed over more funds. Be aware that a trust could prove onerous for the trustee as their duties would continue for the life of the pet.

With Options 1 and 2:

 It is recommended that you leave written details about your pet and veterinary documents with the Will so that anyone caring for the pet will have sufficient information to provide good care.

Careful consideration should also be given to ensure there are sufficient assets or funds to last the pet’s lifetime.

Care costs will include food or special dietary needs, veterinary expenses (pets get more expensive as they get older), grooming, toys, etc. A substantial fund is usually required. You could consult a vet, or an animal charity regarding what might be a sufficient amount.

Option 3

Legacy Programmes

The NSW Animal Welfare League and the RSPCA operate legacy programmes. These legacy programmes provide for the re-homing of the pet or home the pet in a facility run by the charity especially for pets of those people who have died.

This option is very popular, particularly for people who do not know anyone prepared to look after their pet when they die.

These charities urge people to give as large a legacy as possible to allow them to properly care for pets.

Option 4

Euthanasia

Some people prefer their pet be euthanised on their death as they do not wish the animal to suffer the grief of separation, of re-homing with someone who may not love and care for the pet, or of possibly end up in an animal shelter. You need to discuss this option with your executor who would be the person required to organise the procedure.

Wills require considered decisions. Consult and discuss options with your solicitor but the end, you have to decide.