Should I include my pet in my Will?

As a nation of animal lovers, many of us will have wondered what happens to our pets after we die. You may assume that your beloved ‘fur baby’ will automatically be cared for by your partner or children. However, this may not always be the case.

Do I need to include my pet in my Will?

Yes, you can make provisions for your pet in your Will, and it’s a good idea to.

In the eyes of the law, pets are actually considered to be personal chattel (possession), just like a piece of furniture or a favourite antique.

You may joke about leaving your house to your pet when you die, but because a pet is your property, it’s not possible to leave items of value to them in your Will.

You can, however, specify what you want to happen to your pet if you pass away before it.

Who should care for my pet if I die?

As with any other ‘asset’, it’s important to consider who you trust most to take on the responsibility of caring for your loyal companion. This could include:

1. A friend or family member

As close as you may be to your loved ones, they may not be as much of an animal lover as you are. Or, they simply may not have the time to care for another living being. As with any other ‘gift’, there is always the risk that your chosen beneficiary could decline your pet.

You should therefore check with the person/people you have in mind that they are willing to take on your pet before putting it in writing.

Don’t forget, pets cost money. Aside from food, there’s pet insurance, vet bills and the cost of care if the new owner wants to go on holiday. It, therefore, may be worth leaving a financial provision to your chosen beneficiary so that you rest easy in the knowledge that your precious Persian will be cared for in the same way that you always did.

2. A dedicated animal charity

If you’re unable to choose a loved one to take on ownership, or you simply don’t have that option, you can select a charity to take on your pet and rehome it. A popular choice is the RSPCA’s Home for Life service.

Another well-known charity is The Cinnamon Trust. As well as offering respite for elderly owners, this charity provides long-term care for pets whose owners have died. You can include your preference to use the Trust in your Will, and they also offer emergency cards which you can carry with you if you are injured and there’s a pet at home who needs care.

3. Let your executors decide

You can always let your executors decide what happens to your pets when you die. Although at a glance this seems uncaring, it actually provides flexibility in the provision of care for your pet. Situations change, and what might feel right for your pet now may not be right further down the line.

What happens to my pet if I don’t include it in my Will?

If your Will does not provide for your pet, or you don’t have a Will, all sorts of problems can arise. Your pet will become simply another asset in your estate and, with no provision for care, could wind up without a home. Alternatively, a family dispute could arise because more than one person wants to take care of them.

It’s also important to update your Will if a pet dies and you get another one, or if you acquire another furry friend. If Tom the cat dies and you get a new one to keep you company, but have only made provisions for Tom in your Will, the new cat won’t be provided for. You should therefore think about expressing that any provisions made are for all pets.

Write or update your Will today

To discuss writing or amending your Will to include your pet, contact our dedicated Will writing solicitors. Call us on 0117 325 2929 or fill out our online enquiry form.