For many people, pets are cherished family members who bring much joy and companionship to their lives. However, research by Censuswide on behalf of The Association of Lifetime Lawyers reveals that three-quarters of pet owners in the UK have not considered or provided for their animals in their Will, potentially leaving their beloved pets vulnerable after they pass away. One question that often gets asked of legal professionals when they are helping clients with their estate planning is “What will happen to my pets?” It’s a crucial question. While the deep bond between owners and their animals is clear, many are surprised to learn that pets are considered assets under UK law and therefore cannot directly inherit money or property. Even if your family or friends have verbally agreed to look after them when you’re no longer able to provide for them. Understanding your options Making provisions for pets isn’t just about ensuring they have a home – it’s about maintaining their quality of life and routine. Through thoughtful estate planning, pet owners can create arrangements and set out their wishes in order to best protect their pet’s future well-being. Start by choosing a Guardian Identifying someone who knows your pet, understands their needs and is willing to take on the responsibility is essential. Begin by having an open conversation about expectations and their ability to provide long-term care is essential. Once a suitable person has been identified and of course they have agreed to take care of your pet, you can prepare a Letter of Wishes which should cover guidance and care instructions including: Daily routines and exercise Dietary preferences and restrictions Medical history and ongoing health needs Behavioural quirks or special considerations Preferred veterinarian and grooming services The Letter of Wishes would not be legally binding on the ‘guardian’ but will provide the guardian with a good understanding of the needs of the pet and your specific wishes. You will of course only choose an individual whom you trust and therefore can be satisfied that your wishes will be carried out, so far as possible. It is worth consider naming an alternative ‘guardian’ to cover the possibility of the first named person being unable to take on the responsibility. Financial provisions While pets cannot directly inherit, you can ensure that their care is financially supported by: 1. Leaving a specific sum to the chosen ‘guardian’ However, this would be an outright gift to the ‘guardian’ and you cannot guarantee that the ‘guardian’ will use this money for the care of your pet. 2. Creating a trust You can leave a fixed amount, or a percentage of your estate in trust to be used for the care of your pet. You will need to choose Trustees. These do not necessarily need to be the same people as your chosen ‘guardian(s)’. The Trustees will have power to use the money to care for your pet, or could, for example, give a yearly amount to the ‘guardian’ to cover all necessary costs. Whether you choose to leave a specific sum to the ‘guardian’ or you decide to go down the Trust route, you should seek legal advice to help you prepare a Letter of Wishes. This document will set out how the money should be used, who will take responsibility for the pet (although bear in mind that this individual will not be legally obliged to assume responsibility for your pet) and provide specific care instructions. How can Morr & Co help? We understand that peace of mind comes from knowing all family members, including pets, will be cared for according to your wishes when you are no longer here to look after them. Our experienced Private Client solicitors can guide you through creating customised pet provisions that address your specific concerns, while navigating the legal complexities of estate planning and creating a Will. Contact our estate planning team today by emailing info@morrlaw.com or calling us on 01737 854 500 to discuss how we can help you create a secure future for your entire family, pets included. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Tyla Robins Associate Solicitor Message Tags Insights On this page Contact our team today to find out more Contact us
