Why do you need a will for pets?
A will is a legal document that outlines your instructions, wishes, and requests once you pass away.
There’s no legal requirement to include your pet in your will, and you may already have an informal arrangement with a relative or friend to care for them.
But a will can help prevent disagreements over ownership, which can be stressful for animals.
You’ll also be able to make proper provisions for your pet on your terms, helping to ensure they can continue enjoying the life you know they love. Don’t forget your pets when you make a will.
How can you provide for pets in a will?
Leaving assets
Like any loving pet owner, your instinct may be to leave what you can directly to your pet. That’s a mistake.
However clever they may be, a pet is not considered a legal entity. They have no way of receiving gifts or money. They can’t open a bank account or properly hold any estate left to them.
If your will includes this kind of request, the instructions would likely be considered invalid. Those gifts would then pass down the line of inheritance to someone who can legally receive them.
Choosing a guardian
Legally speaking, pets are treated as ‘personal chattels’. In other words, they are an asset of your estate, just like your home or your car, though with far more personality. That means you are free to gift them to someone else when you die.
Take time to consider who is best placed to look after your pet. Can you trust them? Do they love animals? Are they willing to take on the responsibility? Have this conversation with anyone you think could be a suitable guardian. You know better than anyone who can give your pet the right life.
Your will should also include a substitute guardian. That way, if your first choice is unwilling or unable to take on the role, your back-up choice can step in.
Gifting to an animal charity
If you can’t decide on a suitable guardian, you can gift your pet to an animal charity such as the RSPCA. Many charities provide rehoming services, and as dedicated animal welfare organisations, they aim to place pets in loving homes.
Leaving money to charitable organisations in your will can also help reduce inheritance tax for your loved ones, but it’s best to get legal advice on this.
Covering care costs
Use your will to make sure the person looking after your pet can give them the care they need. This usually takes the form of a cash gift from your estate, but your will should make clear that the money is only to be used for maintaining your pet while they are alive. Remember to name your pet in the will and update your will if you get more pets in future.
It’s a good idea to speak to a solicitor or will writer about this, as the wording needs to be precise. Your will should be clear and unambiguous to help prevent a legal challenge.
Instructing specific care
You can leave specific requests for your pet’s guardian. For example, you might ask that they visit the vet every three months, or that your pet only eats kippers for breakfast. And your guardian is free to follow those wishes.
However, these requests are not legally binding. The guardian does not have to follow them. For that reason, if you want to leave specific care instructions for your pet, choose your guardian carefully and discuss your wishes with them in advance.
How do you write a will with your pet in it?
There are three ways to write a will: do it yourself, use a professional will writer, or instruct a solicitor. While DIY wills can be risky, especially where complex instructions are involved, a solicitor or will writer can help you get it right first time, so you know your pet will get the care it deserves.
Find and compare solicitors and will writers near you for free with The Law Superstore. Get tailored quotes to suit your needs and your budget.