If you have no valid Will in England or Wales and no living family members, all your possessions, including your pets, will go to the Crown when you depart this world.
So if you want your possessions, including your beloved cat, dog or tortoise, to go to someone, writing a Will is a good idea.
Suzanne Porter, director and head of the private client team at Wake Smith Solicitors, discusses how the law treats pets as property and encourages making provision for them in a Will.
Suzanne said: “It is estimated that thousands of pet owners in the UK die each year without making arrangements for their pets in their Wills.
“By including your pets in your Will, it ensures your wishes are carried out in the event of your death, and that your pets are properly looked after.”
How do I ensure that provision is made for my pets in my Will?
Your Will should include a clause passing the care of your pets to an identified person that you would like to care for them. You can also choose a substitute beneficiary, in case your first choice is unable, or unwilling to act when the time comes.
As not everyone is willing, or able, to look after a pet, it is a good idea to discuss the matter with this person before you make your Will so they can confirm they are OK to do this.
Rather than specifically naming an animal in a Will, and if a client is an animal lover in general and has many pets, it is usually phrased as “any pets that I own at the time of my death”. This also includes any future pets you may own after making your Will.
What if I don’t make provision for my pets in my Will?
If you don’t make provision for your pets in your Will, then you risk your pets being left unwanted, uncared for, or even homeless.
What if I cannot find anyone willing to look after my pet following my death?
If you can’t find anyone, you can request your pet is looked after by an animal charity. Lots of charities accept pets that have been left homeless as a result of their owner’s death. Often these gifts are accompanied by either a cash gift or a legacy in the form of a trust.
What about the cost of looking after my pets when I am gone?
It is a good idea to leave in your Will a sum of money to cover the cost of caring for your pet to the person you have requested to look after your pet in the event of your death, as it can be a financial burden.
Can I leave a cash gift directly to my pet?
Pets cannot legally receive an inheritance. You can leave a cash gift to a certain beneficiary to cover the cost of caring for your pet which is viewed like a maintenance payment. This would cover costs such a vets bills and insurance. However, your Will must be worded to ensure the beneficiary only receives the cash gift on the basis they agree to look after your pet.
Anything you leave to a registered animal charity is paid free of Inheritance Tax.
For further advice on Wills and estate planning contact Suzanne Porter at [email protected] or on 0114 224 2178.
