For almost 60% of all households in the UK, our lives are enriched by furry, scaly, feathery, or slimy friends of all shapes and sizes. Loved like a family member, we look to ensure that they are still living the good life when we pass on by providing for them in our wills.
Legally speaking, pets are considered personal possessions which means you can’t directly leave them an inheritance, but there are ways to ensure that their new owners get the support they need to provide the quality of life our companions deserve. So what are the options? In this blog we’ll talk you through everything you need to know about providing for your pets.
Who should I choose to take ownership of my pets?
Supporting people through your estate can be relatively simple, as you just need to name them and what you want them to receive. Supporting your pets can be more complex, as you can’t simply leave £500 to Jess the cat. Instead, as they are possessions under law, providing for your pets means choosing who will look after them, and creating clauses that ensure financial support based on their care.
The most common option is to leave your pets to a family member or friend, as you’ll have a good understanding of their ability to care for your pets. Before you make this decision, you must make sure that the person you are naming is up to the responsibility. If you name people who aren’t, through lack of ability or willingness, you’ll cause unnecessary stress both on them and your pets. That’s why it’s vital you discuss this in depth with those you’d like to pass your pet pals on to. These ‘pet guardians’ will automatically take over care once you pass, with your will ensuring the smooth transfer of ownership.
One important thing to consider is whether you want one person to take over responsibility for all your pets, or whether you want to separate them. You may have family members who would be willing to care for a cat, but not a snake, or vice versa. Take your time to make these decisions, and make sure you only do so after discussing it with those you’ll name.
What if I don’t know someone who can take on the responsibility of looking after my pets?
An alternative to naming a pet guardian, is to set out rules for finding your pets a new home. Should you be unable to find someone you think is suitable, you can entrust your executor or trustees to find them somewhere according to your wishes. You might add rules like keeping your cats together, or ensuring your dog goes somewhere with a garden or to someone with previous experience. By doing this, you can have peace of mind that your pet will find a cosy new home should you pass.
Can I leave my pet guardian instructions on my pet’s care?
As pet guardians take over ownership of your pets, wills cannot legally bind people to your specific pet care wishes, such as feeding them a certain type of food or mandating a certain amount of annual vet visits. However, you can still make those requests in your will. Doing so is a great way to set out your wishes for your pets, but it requires choosing a guardian you can trust to follow out your preferences.
How can I support my pet financially once I pass?
Pets can be expensive to keep – for example, according to Battersea, UK households spend an average of £1,500 a year on cats. Cost can be a big barrier in finding your pet a new home, as you may have a son, daughter or other immediate family member who is very close to your pet, but can’t financially afford to care for them. Wills can be used to offset those costs, creating financial provisions that can help you find the right home.
Whilst you can’t leave money directly for your pets, you can use your will to create clauses that ensure they get the support they need. Although you need to be careful with wording, wills can be very flexible in this regard. For those pets who need specific care, whether it’s a certain medicine or special dietary requirement, you could set out a fund in the name of them and their new guardian to ensure that the person you’ve chosen can afford to continue that care. If you don’t name a pet guardian, and instead entrust others to find them a new home, you can still do the same with carefully worded clauses.
Some owners use trusts to set aside funds for their pets. Although the trust cannot be in the name of your pets, and cannot solely benefit your pet, they can be made conditional in only handing out money for your pet’s new owner to spend on them. You might make provisions for spending on a certain kind of food or on vet bills, with your trustee taking on the responsibility to ensure the money you set aside gets where you want it to go.
Do I need to have a backup plan for my choice of pet guardian?
Even those who agree to look after your pets may find that they aren’t as able as they thought, which is why we strongly encourage you to have a backup plan. Often this means stating other people in your will who can take over ownership if your first plan falls through. By naming backup options, you can ensure that any provision you set aside transfers along with the ownership of your pets, minimising stress and uncertainty should this happen.
Looking after animals is a big commitment, and sometimes that means no one is able to take on ownership. Whilst one option is setting out an expression of wishes for finding a new home, there are also several rehoming schemes that can step in should plans fall away. Blue Cross, Battersea, Dogs Trust and the National Animal Welfare Trust can all help rehome your pets. Whilst they always urge people to set out specific provisions, knowing they are there to step in as a last resort can give many peace of mind that their pet will be OK. Even if you’ve made your plans for who will take up ownership, you may wish to leave money aside in your will for these charities and help them rehome other pets who are less fortunate.
Despite our pets not being legally able to receive funds in a will, there are a variety of ways you can support them when you pass. We strongly urge that you consult with professionals when setting out your plans for your pets, as it is important that clauses are clearly worded and unambiguous, in order to ensure that your pets receive the support they need. At RRK Legal, our expert will writers are here to help you create a professional will with robust clauses that protect your pet’s health, happiness and wellbeing. Find out more and get in touch today.
Website: www.rrklegal.co.uk
Email: info@rrklegal.co.uk
Telephone: 01215460771
