Protecting Our Pets: Why Wills Matter for the Animals We Love

Our clients often express worry about what will happen to their beloved pets when they die. The loving bond we have with our pets has been evident to me recently when taking instructions from clients making Wills. This bond has grown stronger in my own experience since the availability of working from home ,something which many of us in the legal profession have had the benefit of since the pandemic.

The photograph above shows my Labrador Kevin enjoying his favourite autumn hotspot at the local park during his lunchtime walk, something which has been a welcome benefit for both of us on days spent working from home. He often lets out a heavy sigh when he sees me dressed for the office and wags his tail when he sees me in as we call them, home clothes. I often wonder if other dogs do the same?

Recently a terminally ill client has wanted to make provision for a beloved dog ,and another client wanted to ensure that the ashes of all his pets over his lifetime were laid to rest with him in his funeral wishes.

The law treats pets as the chattels/property of the deceased on death. If no provision is made for a pet it is left to the executors to rehome them as they see fit.

We discuss and explore with clients the options available when they are making a new Will, these range from:

• Your pet can be given as a specific gift to a beneficiary in your Will with a specific cash legacy to the same beneficiary to cover the expenses of caring for your pet to cover food, vet bills, insurance, and grooming costs.
• You can leave a non-legally binding letter of wishes alongside your Will to your executors which advises them on what arrangements you would like for your pet.
• You can set up a pet trust which is in essence a discretionary trust to appoint a trustee to manage funds for the benefit of your pet. This can provide detailed instructions to care for your pet with provision for what will happen to any remaining funds left in the trust at the end of your pet’s life.
• You can utilise the charitable schemes that animal charities like the RSPCA, Cats Protection and Dogs Trust have when you specify that you wish for them to rehome your pet, usually for a donation to them in your Will.

As always it is important to discuss with those left to care for your pets what you would like to happen to gain their agreement and put those arrangements either in your Will or a letter of wishes. In the 22 years that I have practiced as a private client solicitor, I have had to rehome many cats and dogs and the odd parrot and budgie. This happens when clients have died suddenly and left no known wishes of what they wanted to happen to their pets. This is something that we often deal with personally when we are appointed as professional executors in a client’s Will.

If you need help making a Will and want to discuss the options available to you, please get in touch with our Wills & Probate solicitors. A member of our team will be able to assist you. Please call 0330 822 3451 or request a callback.