Common questions about how to include a pet in your Will

We answer some of the common questions about how to include a pet in the wishes of your Last Will and Testament.

How can you include your pet in your Will?

You may leave your pet to a family member or friend, however, the person you wish to look after the pet may not want responsibility of caring for a pet permanently or may not have the financial means to do so. You need to talk to the person that you have chosen and confirm that they are actually happy to take on this responsibility.

You can also leave a gift to somebody to use for the benefit of your pet. It is not possible to leave a cash gift or part of your estate directly to a pet because the Executors of your Will have to obtain a receipt from the recipient of a gift and an animal is unable to give a legal receipt or own cash.

The easiest way to provide financially for a pet is to leave a sum of money directly to a beneficiary who is receiving the animal with a wish that this is used to look after the pet. However there is nothing to stop a beneficiary from spending this money on themselves rather than the pet.

Another alternative is to set up a discretionary trust so that the beneficiary receiving the animal could be released monies by the Trustees of the trust to ensure that the money is spent for the benefit of the pet. The Trustees would have discretion whether to release funds and could withhold funds if the beneficiary does not care for the pet.

Do you have to include your pet in your Will? What happens if you don’t?

If you don’t have a Will in place, many charities do have schemes to care for or rehome pets, however the charities strongly recommend that you include a wish for them to take responsibility for your pet in your Will.

Do different animals need different provisions for e.g. hamsters compared to dogs?

It is necessary to consider the amount of a cash gift needed if you plan to give an individual a certain amount of money to look after your pet. Of course, looking after a dog for the rest of their life will be more expensive than looking after a hamster or a smaller pet.

Do you need to update your Will any time you get a new pet?

You need to be careful because if you make provision for a dog in your Will and that dog dies but is replaced by a cat for example, the provisions in the Will may not necessarily apply for the new pet. It is therefore a good idea to set out in the Will that the provisions in the Will apply to all pets owned by you at the time of death.

Can you leave part of, or even all, of your estate to your pet in your Will?

It is possible to leave all of your estate for the benefit your pet. It is a longstanding principle in English law that a person can leave their estate to whoever or for the benefit of whichever particular animal they see fit.

It must be borne in mind that this testamentary freedom can be restricted by the Inheritance (Provision for Family and Dependants) Act 1975 as this Act allows certain people to make a claim against the estate of the person who has died, quite often this isa husband or wife or the children of an individual. It is therefore always a possibility that a family member could make a claim against the estate if all of it is left to a pet.