How to plan for your pet when you pass away

For centuries, pets have held a special place in human hearts and homes. Whether it’s the wag of a dog’s tail at the sound of your voice or the comforting purr of a cat curled up beside you, animals have a unique ability to offer companionship, loyalty, and unconditional love. They’re not just pets, they become family and, for many, the commitment to a pet isn’t just for the moment – it’s for life.

The UK is undeniably a nation of animal lovers, with 51% of adults owning at least one pet. Yet, despite this, only 28% of UK adults have made a Will. This gap leaves many pets vulnerable. If a pet owner dies without a Will, it falls to the estate’s administrators, determined by the intestacy rules. Unfortunately, the person legally entitled to administer your estate may not be the person you would choose to care for your beloved companion.
By including clear provisions for your pets in your Will, you can ensure they are placed in safe, loving hands and that their ongoing care is planned and funded according to your wishes. In this article we explore the options available to you in respect of making alternative provision within your Will for your pets, depending on the circumstances.

Option 1: Gifting your pet to a family member or friend

This is one of the simplest options available and involves a gift in your Will to a specific individual, that you trust implicitly, to look after them when you are not around. This gift could be coupled with a monetary gift to assist with bills, food, insurance etc., but this is not strictly necessary and the monetary aspect would not be legally binding on them to use for those purposes, it is usually a wish (which is why it is important to give careful consideration when deciding who you are making the gift to).

Option 2: Charities

In the event that you do not have any family or friends who you trust, or who are able due to the circumstances, to look after your pets, then another option is to consider leaving your pet to a charity of your choice. There are a number of charities that can assist with rehoming them to a loving home and again, this could be coupled with a monetary gift to the charity to assist with costs etc.

Option 3: Trusts

This option is more complex and while the law typically requires that all non-charitable trusts have identifiable beneficiaries with legal standing (i.e. legal personality), there are rare exceptions. One such exception is known as a “trust of imperfect obligation.” These are unusual types of trusts where there may not be a human beneficiary who can enforce the trust – yet the law still allows them under specific circumstances.A key example of this is a trust for the care of specific animals. In effect, the law allows someone to leave money in a trust specifically for the upkeep and well-being of a beloved pet. This was seen in an old case of Pettingall v Pettingall (1842) where provision was made for the deceased’s horse and held to be a valid gift.

Option 4: Letter of Wishes

Finally, no specific provision is made within the Will which would result in your pet forming part of the residuary estate. A letter of wishes could then be prepared to sit alongside your Will, detailing your wishes in terms of who should look after your pet, together with any other specific wishes. This letter is not legally binding however so if there are any concerns regarding a dispute or someone being suitable to look after them, for example, it is worth making specific provision within your Will as this is legally binding.

For further advice and assistance please contact our Wills, Trusts and Probate team on 01908 660966 or email info@franklins-sols.co.uk.