Can you leave your estate to your pet in your will?

There is no denying that pets are very much part of the family, with consumer spending for pets increasing year on year. People including their pets in their will is not uncommon, often leaving money to ensure the pet is cared for adequately by someone they trust after they die. In this article, private client lawyer Will Norton explains how you can provide for your pet in a will and how the money is administered after death.

If a person wishes to make reasonable provisions to ensure that their pet(s) is/are looked after following their death, they should consider what costs might be involved with ongoing care. They should consider the life expectancy of the pet(s) in line with costs that may be incurred, such as food, insurance, medication, vet bills etc. If the amount left to care for the pet(s) is way in excess of those calculated reasonable costs, there is greater potential for a dispute to arise. It is possible that someone may seek to challenge the will on the grounds of insufficient testamentary capacity, arguing that the amount is excessive and not well thought out.

The money left for the benefit of the pet(s) must be left to a person(s), who would then ‘spend’ the money on behalf of the pet(s), for example, buying or paying for food, vet bills, toys, medication and insurance.

How to provide for pet(s) in a will

The options for leaving money for a pet(s) in a will include:

• Leaving the pet(s) to a named person together with a cash sum. The person making the will could stipulate in the will that the gift of the cash sum only takes effect if the person accepts the gift of the pet(s). They could further state that the person must undertake to look after and care for the pet(s).
• Leaving the pet(s) together with a cash sum to the executor(s) of their will. The person making the will would then guide the executor(s) with a letter of wishes detailing how the pet(s) should be cared for and how the cash sum should be used. The letter of wishes could include such things as:
  1. a list of potential people to care for the pet(s)
  2. specific details about the pet(s) and the care it needs
  3. instructions of what the executor(s) should do if nobody is prepared to take care of the pet(s).
• Leaving funds in their estate to a discretionary trust. The will would be accompanied by a detailed letter of wishes and this could provide instructions on what should happen to the pet(s) and how funds from the estate should be used to care for it. The pet would not be a ‘beneficiary’ of the trust but the person who receives the pet(s) would be.
• Leaving the pet(s) to an animal welfare charity along with a cash sum and stipulating a request that the money is used to care for the pet(s).

These options can be complex and none of them will completely guarantee that the pet will actually benefit from the estate.

What happens when the pet dies?

While this depends on how the person had dealt with the pet(s) and the funds, when the pet dies any money left may:

• revert to the person named to receive the pet(s);
• revert to the person chosen by the executor(s) to receive the pet(s);
• already be stipulated in the letter of wishes accompanying the trust; or
• revert to the charity.

Can you leave money directly to a pet?

A pet is considered a personal effect (property) and so cannot be left money or property directly. It is not ‘illegal’ to leave money or property to a pet and that in itself would not necessarily invalidate the will. However, any gift in a will directly to a pet would fail.

It is possible to set up a specific trust, lasting no more than 21 years, to care for a pet. Alternatively, it can be dealt with as part of a discretionary trust dealing with the rest of the estate assets.

If you have questions about leaving money to a pet or about drafting wills more generally, please contact Will Norton.