How to Provide for Your Pets in a Will
As a nation of animal lovers, Australians often consider their pets as cherished family members. With over 69% of Australian households owning pets, it’s no surprise that many people want to ensure their ‘furbabies’ or beloved companions are cared for after they’re gone. Today, we will explore how to provide for pets in a Will, covering relevant legal considerations, practical tips, and different arrangement options.
The Legal Status of Pets in Australia
Under Australian law, pets are considered property. So, like any other asset, they can be included in your Will. However, unlike some of your other possessions, pets require ongoing care and attention. You may set special arrangements when including your pets in your estate planning.
Can Pets Inherit Money Directly?
While pets are dear to our hearts, they cannot legally inherit money or property directly. Australian law does not recognise animals as legal persons capable of owning assets. However, there are multiple ways to include a Will clause for pets and ensure they are taken care of and financially provided for after your passing.
Making Provision for Pets in a Will: What Are Your Options?
1. Specific Gift with Care Instructions
One of the most straightforward methods is to give your pet to a trusted individual, along with a sum of money for the pet’s care. You may give the money with a request to use it for your dog or cat’s upkeep, but such a request isn’t binding. You just have to trust your friend or relative to follow your specific request or guidance. Also, whether they want the gift is another consideration—they have the right to decline it.
When you want to include gifting pets and money for their upkeep in your Will, the ideal scenario is to have a conversation with the person or organisation ahead of time to ensure they’re willing and happy to take your beloved pet after you’re gone. After all, it’s always a huge responsibility to adopt or rehome a pet.
2. Pet Care Trust
While not as common in Australia as in some other countries, it is possible to set up a Testamentary Trust under your Will that specifies the care and maintenance of your pet after you pass. This involves leaving sufficient money or assets in the trust to cover your pet’s lifetime needs and further instructions on what to do with unspent funds once your pet dies. Establishing a pet-specific trust also involves naming a trustee to manage the funds and oversee the pet’s care. You may also wish to appoint a substitute carer if the trustee or the first carer can’t or won’t take on the role.
Also, you have to note that such trusts may be challenged if they are deemed to be too excessive. Consult with a Wills and Estate lawyer to prepare for such scenarios.
3. Charitable Bequest
If you don’t have a suitable individual to care for your pet, you might consider leaving your pet and a financial gift to an animal welfare organisation. For example, the RSPCA offers pet bequest programs. This organisation will care for your beloved animal and ensure they continue to receive the care they deserve after you pass.
Practical Considerations When Including Pets in Wills
Choose Caregivers Carefully: When selecting someone to care for your pet, consider their ability and willingness to take on this responsibility. As mentioned, it’s advisable to discuss your intentions with them beforehand.
Provide Detailed Care Instructions: Include a pet profile or detailed description of your pet’s needs, including dietary requirements, medical history, and behavioural quirks. While these details don’t need to be in the Will itself, they can be included in a separate document referenced in the Will.
Consider Backup Options: As mentioned, your appointed person may decline the responsibility of adopting your pet. So, to be safe, name multiple alternative caregivers in case your first choice is unable or unwilling to take on the responsibility when the time comes. You can also talk to your succession lawyer about setting pet bequest programs as backup options.
Be Realistic About Finances: Calculate the potential lifetime costs of caring for your pet, including food, preferred treats, veterinary care, and other expenses. Ensure the amount you leave is sufficient but not excessive.
Legal Considerations and a Relevant Case
While Australian courts generally try to honour a deceased person’s wishes, provisions for pets in a Will can be challenged, especially if they are seen as excessive or significantly impact the entitlements of family members left behind.
The case of Marshall & Ors v Redford [2001] NSWSC 763 is a cautionary tale. While this case doesn’t involve a specific pet legacy program, a substantial bequest to the RSPCA was successfully challenged by the deceased’s children. This results in a significant reduction of the charitable gift. This case highlights the importance of balancing provisions for pets with the needs of family members to reduce the risk of successful challenges.
Let Us Guide You on How to Provide for Your Pets in a Will
Providing for your pets in your Will is a thoughtful and responsible way to ensure their continued care after you’re gone. You can create a plan that gives you peace of mind about your pet’s future by understanding the legal framework, considering practical aspects, and seeking professional advice. One final tip: laws can change, and estate planning can be complex, so it’s always advisable to consult with a legal professional when drafting or updating your Will to include provisions for your pets.
If you want to learn more about making provisions for your pets in a Will, don’t hesitate to talk to our Wills and Estate lawyer here at Bradley & Bray. Contact us today to set a meeting or have a quick enquiry via phone call or online.
Disclaimer: This article is general in nature and does not constitute legal advice. If you require legal advice in relation to your personal circumstances, you must formally engage our firm, or another firm to provide legal advice in relation to your matter. Bradley & Bray lawyers take no responsibility for any use of the information provided in this article.
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