What happens to your dog if you die before them? Many owners never think about it, yet looking after your pets in your Will is simpler than most people expect. Edward Richings of A.D.E. Wills discussed this topic as a guest on The Dynamic Dog Owner Podcast. This post summarises the main points and explains your options under the law of England and Wales.
A Conversation About Pets and Wills
Edward, a professional Will writer and Full Member of the Society of Will Writers, joined Debbie Potter, host of The Dynamic Dog Owner Podcast. Together, they talked about an often-overlooked part of estate planning: who will care for your animals, and how to pay for that care.
The conversation covered:
- the options for including pets in your Will;
- what to consider when choosing a new carer;
- why “pet trusts” are not a straightforward option in England and Wales;
- how to leave money towards your pet’s care.
You can listen to the full episode on Spotify.
How the Law Treats Pets
In England and Wales, a pet is legally treated as personal property, in the same way as furniture or a car. So, your dog cannot inherit money directly. Instead, your Will can say who should become the new owner of your pet. It can also leave money to that person, or make other arrangements for your pet’s care.
If your Will says nothing, your pet simply forms part of your estate. In that case, your executors decide what happens to your animal, and they may not know your wishes.
Options for Including Pets in Your Will
1. Leave your pet to a named person
The most common approach is a specific gift of your pet to someone you trust. It is also sensible to name a substitute, in case your first choice cannot take your pet when the time comes.
2. Leave money to the new carer
You can also leave a sum of money to the person who takes your pet, to help with food, insurance and vet bills. However, the money then belongs to that person outright. You cannot legally force them to spend it on your pet, so choosing someone you trust really matters.
3. Use a letter of wishes
A letter of wishes sits alongside your Will. It is not legally binding, but it lets you describe your pet’s routine, diet, health needs and temperament. As a result, it can help a new owner care for your pet the way you would.
4. Consider an animal charity rehoming scheme
Some animal charities run schemes to care for and rehome pets whose owners have died. If you have no one suitable to take your pet, you could register with a scheme and refer to it in your Will. Check the charity’s own terms first, because each scheme works differently.
What About Pet Trusts?
“Pet trusts” are common in the United States, but the position in England and Wales is different. Here, a trust for the care of a particular animal is a non-charitable purpose trust. The courts have accepted these in limited cases, but the trust can last no longer than 21 years. Also, there is no beneficiary who can enforce it, which makes it less reliable.
For these reasons, we do not offer pet trusts. For most owners, a gift of the pet with a sum of money and a letter of wishes is simpler and works well.
Choosing the Right Carer for Your Pet
When deciding who should look after your pet, think about:
- whether they are willing and able, so always ask them first;
- their home, work pattern and any other animals or young children;
- their age and health, especially if your pet may live for many years;
- whether they already know and get on with your pet.
It also helps to tell your executors who you have chosen. That way, your pet can be cared for straight away, rather than waiting until your estate is sorted out.
About The Dynamic Dog Owner Podcast
The Dynamic Dog Owner Podcast is hosted by dog trainer Debbie Potter of Potter Paws, a dog training business based in Aylesbury, Buckinghamshire. The podcast aims to help owners build better relationships with their dogs. Debbie’s knowledge of dog behaviour also brought a useful practical angle to the discussion on long-term pet care.
Taking the Next Step
Including your pets in your Will is a small step that can make a big difference to an animal you love. If you would like to talk about how to provide for your pet, call us on 01865 507174 or email info@adewills.co.uk. You can also read more about how we write Wills, or see the GOV.UK guide to making a Will.
