As pet owners, we often struggle to contemplate what will happen to our beloved animal companions when we’re no longer here. However, planning for their future care stands as an essential aspect of responsible pet ownership. In the UK alone, 12 million households cherish 51 million pets as family members. These furry, feathered, or scaled friends aren’t just animals; they depend on us for their well-being.
This guide will walk you through various options to ensure your pets receive proper care after you pass away. We’ll cover everything from legal considerations to practical tips, helping you make the best decision for your cherished companions.
Understanding the Legal Status of Pets
The law generally considers pets as personal property or “chattels.” This classification plays a crucial role when including them in your Will. However, working animals like farm dogs or professionally bred animals may fall under the category of business assets.
When drafting your Will, decide whether you want to provide for your current pets specifically or for any pets you might own at the time of your death. If you’re leaving a particular animal to someone, identify them clearly. For example, “my dog Ben,” “my cat Purrudence,” or “my tortoise Voldetort” all serve as acceptable identifications.
To prevent your gift from failing if your named pet passes away before you, include a clause like “any other pet I own at my death” in your Will.
Options for Pet Care in Your Will
1. Absolute Gift to a Named Beneficiary
One option involves leaving your pet and a sum of money to a specific person. This approach requires careful consideration of who will willingly and capably care for your pet. Choose someone familiar with your pet’s needs and lifestyle. Consider your pet’s age and life expectancy when selecting a beneficiary, and calculate the financial provision based on your pet’s expected lifespan and care requirements.
For example, your Will might state: “I leave my dog Ben and £5,000 to my niece Sarah, to be used for Ben’s care.” This clear instruction ensures both your pet and the funds for their care transfer to your chosen caregiver.
2. Gift to Executors with a Letter of Wishes
If you’re unsure who should care for your pet or want to provide detailed care instructions, consider leaving your pet and a cash sum to your executors, along with a letter of wishes. This approach offers flexibility and allows you to outline specific care instructions.
In your letter of wishes, include information about your pet’s age, breed, behavior, and specific needs. Also specify what should happen if no one can take the pet. While not legally binding, this letter provides valuable guidance to your executors.
3. Gift to an Animal Welfare Charity
Many animal charities offer programs to care for pets after their owners pass away. Popular options in the UK include the Dogs Trust’s “Canine Care Card” program, the RSPCA’s “Home For Life” plan, and Cats Protection’s “Cat Guardian” service.
These programs typically involve the charity caring for your pet until they find a suitable new home. However, remember that these charities can’t guarantee they’ll use the money you leave specifically for your pet’s care. Research different charities and their specific programs to find the best fit for your pet’s needs.
4. Trust for Pet Care
Setting up a trust specifically for your pet’s care offers another option, although legal restrictions limit it to 21 years. This approach requires careful consideration of trustee duties, expenses, and replacement trustees. While more complex, a pet trust can provide a high level of assurance that your pet will receive care according to your wishes.
5. Discretionary Trust of the Residuary Estate
A discretionary trust of your residuary estate offers more flexibility than a specific pet care trust. This option allows trustees to decide how to care for your pet using funds from your residuary estate. It can particularly benefit those with multiple pets or uncertainty about their pet’s long-term needs.
Financial Considerations
Understanding pet care costs plays a crucial role when planning for their future. On average, annual expenses can range from £920 for a rabbit to £3,105 for a horse, with dogs and cats falling somewhere in between. Remember, these figures represent averages, and costs can vary based on the pet’s age, breed, and health conditions.
When calculating how much to leave for your pet’s care, factor in food, insurance, regular vet check-ups, and potential emergency medical expenses. It’s generally better to overestimate rather than underestimate these costs.
Special Considerations
International Pet Care Planning
If you own property in multiple countries or plan to move abroad, you’ll need to address international pet care planning. Research pet import/export laws for relevant countries and ensure international recognition of your Will. You might even consider setting up separate Wills for each country where you have assets.
Exotic Pet Considerations
Exotic pets often require specialized care. If you own an exotic pet, find a beneficiary experienced in caring for your specific type of animal. Provide detailed care instructions, including dietary needs and environmental requirements. You might also want to research specialized sanctuaries or zoos that could accommodate your pet if no individual can provide care.
Conclusion
Planning for your pet’s care after your passing demonstrates love and responsibility. By considering the options outlined in this guide and seeking professional advice, you can ensure your beloved companions will thrive, even when you can no longer care for them yourself.
Remember, your circumstances and your pet’s needs remain unique. Take time to consider all options carefully, and seek legal advice to ensure proper documentation and legal binding of your wishes.
Disclaimer: This article provides general advice and information. For specific legal advice tailored to your situation, please consult with a qualified professional.
Need help planning for your pet’s future? Contact A.D.E Wills today. Our experienced team can guide you through the process of including your pets in your Will. Call us on 01865 507174 or email us at info@adewills.co.uk to get started.
