What’s paw-sible when providing for your pets on death

We Brits love our pets. Over 51% of UK adults share their lives with an animal member of the family. It is important to consider how you would like your fur-babies to be provided and cared for after you are gone, just as you would for your human loved ones.

Unfeeling as it may seem, animals are considered to be ‘chattels’ under UK law and are therefore treated like any other inanimate possession, whether a vintage diamond ring or an old gnome collection. With pets having no legal personality, you cannot leave a monetary legacy to them for their care under your Will or appoint guardians to look after them as you would for minor children. Pets are instead themselves treated as assets, something to be given.

Don’t be too despondent, though; you can still put in place provisions for your furry friends. Our team at The Burnside Partnership, are expert private client solicitors based across London, Marlow and Oxford, and we can provide you with expert guidance when it comes to matters like these.

A gift by Will

You might gift your pet directly to a loved one in your Will, including a second-choice beneficiary in case the original recipient predeceases you or is unable or unwilling to look after your pet when the time comes.

If you do not have a specific person in mind at the time you prepare your Will, you might gift your pet and a sum for its care outright to the executors of your Will, providing guidance to them by a letter of wishes. This will enable your executors to judge who would be best to care for your pets considering all the circumstances at the time.

Needless to say, the ‘gift’ of a pet entails a little more work than the gift of a vase, so you should check with any chosen beneficiaries first that they are happy to take on this responsibility. You should also consider who would be best placed for the role, both financially and in terms of their age and fitness.

Although you could name a specific pet in your Will, it would be better to future-proof things by referring to any pets that you own at your death, so that the gift is not invalidated by Fido replacing Rover.

With the average dog costing its owner over £1,500 a year, you may want to include a cash gift to help the recipient cover their expenses.

If possible, you should try to calculate these costs and therefore an appropriate value of the gift, taking into account the number of your pets, their ages and their species (a horse will cost a fair bit more than a hamster!) It may even be worth index-linking the gift, so that it maintains its value over time.

There is, sadly, a risk that the recipient of an absolute gift of money will not use it for your pet’s benefit, even if you express such a wish. Nor are they even under any legal obligation to keep your pet, having accepted the cash. It is vital you choose someone you can trust. Alternatively, you might not want them to receive the money outright. This is where trusts come into play.

Trusts

A trust for the purpose of maintaining your pets could be included in the Will and this is known as a ‘Trust of Imperfect Obligation’. The life of such a trust is limited to 21 years, so these may not be applicable for animals with longer life expectancies such as horses, parrots and tortoises.

This type of trust, without human beneficiaries, is rare, but has been allowed as a concession to “human weakness and sentiment” and to “elevate the human race” by promoting generosity towards the “lower” animals!

Another option is to establish a discretionary trust and name the person being given your pet as one of the beneficiaries. This provides greater flexibility as the trustees could access additional funds in the remaining estate if required to care for the animal, and the trust would not have the 21-year limit. It should be noted that there may be additional costs and tax implications associated with administering a trust.

You might in fact include your pets themselves as one of the assets in the discretionary trust, so that your trustees have flexibility to decide who is best placed to care for them when the time comes, guided by any letter of wishes you leave.

Letters of wishes

Letters of wishes are particularly useful as they can be changed as many times as you like, without having to execute a new Will and the formalities involved with this. They are also private documents, whereas Wills are publicly accessible once admitted to probate. Letters of wishes are not legally binding, but they are morally persuasive.

Letters of wishes should be kept up to date and reviewed every couple of years. They should be updated when you acquire a new pet, or your chosen beneficiary’s circumstances change.

You could include a shortlist of several possible persons to look after your pet(s) in your letter of wishes, in order of preference, to provide your executors with several options to choose from when the time comes. For your own peace of mind, you might also indicate what should happen if nobody is willing or able to care for your pets; for example, they should be taken to a preferred animal rescue charity.

Letters of wishes regarding the specific care of beloved pets can be very detailed, setting out things such as dietary requirements, medical needs and daily routine. We have known clients to write short tomes specifying Fluffy’s favourite treats, toys and walkies. Why not? After we are gone, we want our pets to be as spoiled as they would have been during our lifetimes.

A letter of wishes is also a useful place to include important particulars like your pets’ breeds and ages; any behavioural issues; allergies; medication prescriptions; microchip ID numbers; contact details for your pet’s vet, groomers and pet sitters; and your pet insurance policy.

Animal charity schemes

Try not to worry if you don’t know anyone suitable to take on your animals. There are several animal welfare charities which operate schemes allowing you to register your pet with them during your lifetime. Then, after your death, your executors notify the charity, who take your pet and find them a loving new home.

Examples of these schemes include the RSPCA’s ‘Home for Life’ service; Dogs Trust’s ‘Canine Care Card’; Cats Protection’s ‘Cat Guardians’; Blue Cross’s ‘Pet Peace of Mind’ service; The Cinnamon Trust; and Battersea Dogs and Cat Home’s ‘Forever Loved’ service.

Wording related to the scheme will need to be included in your Will and a charity may have set wording they recommend using. It is normally structured by way of a gift of the pet to the charity. You should always contact the charity first to check their individual requirements.

Other things to think about

Whilst you are thinking about your Will, you might also want to refer to your pets in your Lasting Powers of Attorney. These come into effect should you become incapacitated, for example due to illness or accident. You could express preferences such as that your pet remain with you in your home as long as possible, and that your attorneys fund the animal’s expenses as you would if you had capacity.

Consider what should happen immediately after your death and who would be best placed to care for your pets in the short term until the permanent arrangements for their new forever home can be made. Let your loved ones and executors know that person’s contact details. They will also need to update the vet surgery and the pet insurance provider about the pet’s change of owner.

No one wants to think about not being around for our pets, but planning is key. Putting some of the options discussed in place now will give you peace of mind that your pets will continue to be loved and cared for after you have gone.

At The Burnside Partnership, we love our pets as much as you do. Please get in touch if you would like to discuss further any of the matters raised in this article.