Pet Peace of Mind: What Happens to a Pet When the Owner Dies?

Protecting Your Beloved Pets: Why Including Them in Your Will is Crucial

Pets hold a special place in our hearts and homes. Often considered as cherished family members, pets provide companionship, unconditional love, and emotional support throughout their lives. However, despite the strong bond many owners share with their animals, a recent study has revealed a worrying reality: only around a quarter (26%) of UK pet owners over the age of 30 have made provisions for their pets in their Wills.

This alarming statistic comes from research conducted by Censuswide on behalf of The Association of Lifetime Lawyers, highlighting a widespread lack of awareness amongst pet owners about the legal implications surrounding their furry friends after they pass away. With approximately 59% of adults over the age of 30 unaware that pets are classified legally as assets rather than heirs, millions of animals in the UK are potentially at risk.

Why Your Pet Cannot Directly Inherit

It is a common misconception, fuelled perhaps by sensational media stories—such as the late fashion icon Karl Lagerfeld famously leaving his fortune to his cat—that pets can directly inherit money or property. However, under UK law, pets are considered property themselves and cannot legally inherit assets. This legal status means pets cannot be named as beneficiaries in a Will, which can lead to considerable uncertainty regarding the future care of your pet if proper provisions are not clearly outlined.

Ensuring Your Pet's Future Through Your Will

To avoid such uncertainty, pet owners need to plan effectively. Including your pets in your Will does not mean leaving assets directly to your pet, but rather specifying who will be responsible for your pet’s ongoing care and wellbeing. This should involve appointing a trusted individual who is willing and able to take on this responsibility.

April Newton, Partner at Glanvilles Damant, stresses the importance of making clear arrangements:

"Pets are often beloved members of the family, yet too many pet owners fail to adequately plan for their future care. Verbal agreements, although made with good intentions, hold no legal weight without formal documentation. Therefore, clearly outlining your wishes in a legally binding Will is essential."

How to Make Adequate Provisions for Your Pet

When creating your Will, there are several key steps you should follow to ensure your pet’s needs are fully met:

1. Nominate a Caretaker Clearly designate who you would like to care for your pet after your death. This person should be someone trustworthy who shares your values regarding pet care. It’s essential to have a detailed conversation with this individual beforehand to ensure they agree and fully understand the responsibility involved.
   
   In the event that a friend or family member is unable to look after your pet when you die, there are several reputable organisations whom can offer the peace of mind for a loving home such as Dogs Trust, Cats Protection, or the RSPCA, which offer a home for life scheme for your furry companions.

2. Provide Detailed Instructions Outline specific details about your pet’s daily routines, diet, medical needs, and preferences. The clearer you are, the easier it will be for your chosen caretaker to maintain the quality of care your pet is accustomed to.

3. Consider Financial Support Caring for a pet can incur significant ongoing costs such as veterinary bills, food, grooming, and other expenses. You may choose to allocate a lump sum directly to the caretaker or establish a pet trust to cover these costs over your pet’s lifetime.

Establishing a Pet Trust

While a simple bequest of money to a caretaker may suffice for some pet owners, setting up a pet trust can provide an additional layer of security. A pet trust is a formal legal arrangement that allows you to allocate specific funds exclusively for your pet’s care. The trustee manages these funds, ensuring the money is used appropriately, while a nominated caretaker oversees the daily welfare of the animal.

A pet trust is particularly beneficial if your pet requires specialist care, has significant health issues, or is expected to live for many more years. The trust ensures the caretaker has the necessary financial resources, relieving them of potential burdens or uncertainty associated with long-term pet care costs.

What Are The Risks of Not Including Your Pet in Your Will

If no provisions are made, your pet could be vulnerable to various risks, including:

• Uncertainty and Stress: Without a clearly appointed caretaker, your pet might become the responsibility of an individual who does not want or is not equipped to care for them.

• Rehoming or Shelter: Pets left without clear arrangements might end up in animal shelters or rescues, potentially facing stress, trauma, or even euthanasia in extreme cases.

• Family Disputes: Lack of clarity can lead to disputes amongst family members or friends about who should assume responsibility for the pet and how the associated costs will be covered.

The Emotional and Legal Benefits of Planning Ahead

Ensuring your pet’s future is secure after your passing provides emotional peace of mind. It also offers significant legal clarity, reducing potential disputes or distress for your loved ones during an already difficult time. By proactively addressing these matters, you provide your beloved pets with the comfort, stability, and continued loving care they deserve.

April Newton advises: “Preparing your Will should be viewed as an essential part of responsible pet ownership. By making legally binding arrangements now, you protect your pets, give yourself peace of mind, and ensure your wishes are respected and executed precisely.”

Taking Action Now

The Association of Lifetime Lawyers, a network of qualified legal professionals specialising in lifetime legal planning, strongly advises pet owners to address this crucial issue promptly. Engaging an experienced solicitor ensures that your wishes for your pets are clear, actionable, and robustly protected within your estate plan.

As a member of The Association of Lifetime Lawyers, Glanvilles Damant is dedicated to ensuring that you can take responsibility for your pet even after you’re gone. By incorporating a clause in your Will, you can specify what happens to your pet in the event of your death. 

Frequently Asked Questions About Including Your Pet In Your Wills

What Happens To Dogs And Cats When Their Owner Dies?

When a dog's owner passes away, the pet legally forms part of the deceased’s estate. If the deceased left a valid Will, the dog will pass to the person specifically named as the beneficiary or caretaker. If no such provision exists, the executor of the estate typically decides who will care for the dog, often arranging for a family member or friend to take ownership. In cases where no suitable arrangements can be made privately, the dog may be rehomed through animal charities or rescue organisations.

Can My Pets Be Rehomed Together?

Yes, your pets can be rehomed together when you die, provided you have made appropriate arrangements in your Will. It is strongly recommend that you explicitly specify your wishes in your Will, clearly identifying a caretaker who agrees to look after all your pets together. Alternatively, you can include instructions that your executor should rehome your pets jointly through a trusted family member, friend, or animal charity. Clearly stating your wishes ensures your pets’ welfare and reduces stress during an already difficult time.

What Happens To Pet Insurance When The Owner dies?

When a pet owner dies, the pet insurance policy does not automatically transfer to another individual. Generally, the policy terminates upon the death of the named policyholder. However, some insurers may allow a family member or beneficiary to take over the policy, provided they contact the insurer promptly and comply with their terms and conditions. Executors or family members should inform the insurance provider as soon as possible to discuss options and avoid gaps in coverage.

Contact our Wills solicitors on the Isle of Wight

If you would like to discuss adding your pets to your Will or would like further information on creating a Will in general, please get in touch with our Wills solicitors on the Isle of Wight.

You can call us on 01983 527878 or email hello@gdlegalservices.co.uk, and we will get back to you as quickly as we can.