For many people, pets are considered cherished family members. They offer unconditional love, companionship, and joy, often for years on end. However, one question that many pet owners overlook in their estate planning is: What happens to your pets if you’re no longer around to care for them? Making provisions for your pets in your Will is a crucial step in ensuring they receive the care and attention they deserve after your death.
In this article, we explore the essential steps you can take to ensure your pets are properly cared for if something happens to you, how to designate caregivers, and what to include in your estate plan for their ongoing support.
Pets rely on their owners for food, shelter, medical care, and love. Without a plan in place, you risk your beloved pet being left with someone who is not prepared to care for them or, in the worst case scenario, being surrendered for euthanasia. By planning ahead, you can ensure that your pets are looked after according to your wishes.
Failing to make specific arrangements for your pets can lead to confusion or disputes among family members. Clear instructions in your estate plan can prevent misunderstandings and ensure your pet’s future well-being.
The first and most important step in planning for your pet’s care after your death is naming a responsible and trustworthy caregiver in your Will. This individual will take on the responsibility of providing daily care for your pet, so it’s important to choose someone who is willing and able to commit to that role.
Although pets feel like a member of the family, as a matter of law they are considered property. You will gift your pet to a specific person in your Will. Ideally, you will also have a back-up and second back-up in case your first chosen person/people are unable to take on the care of your pet for any reason.
When selecting a caregiver, consider the following:
Willingness
Make sure that the person you’re gifting your pet to is both willing and happy to take on the responsibility of caring for your pet. This is not a decision to spring on someone without prior discussion. Speak to the potential caregiver in advance to confirm that they are ready and prepared to take on this role.
Ability to care for your pet
Consider the lifestyle and circumstances of the person you want to appoint. Do they have enough time, space, and resources to care for your pet? For example, if your pet is a large dog, a person living in a small apartment may not be the best fit. Also, consider factors like allergies, other pets in the household, and the caregiver’s financial stability.
Bond with your pet
Ideally, the person you choose should have an existing relationship with your pet. Someone who is familiar with your pet’s behaviour, likes, and needs will be better equipped to provide them with a comfortable and stress-free transition into their care.
Backup caregiver
It’s always a good idea to name a backup caregiver in case your first choice is unable to fulfill the role when the time comes. Circumstances can change, and having a backup plan ensures your pet will still be cared for. If you don’t have a back-up person you can gift your pet to, is there a shelter or service you trust to appropriately rehome your pet?
Every pet is different, and your pet may have specific needs or preferences that should be considered when planning for their care. To ensure that your pet receives the best possible treatment after your death, consider including detailed care instructions in your Letter of Wishes.
Your Letter of Wishes is an invaluable part of your estate plan. It is read in connection with your Will, and contains your guidance and directions for how you want certain aspects of your estate handled (like the care of your pet!).
Some important details you might want to include:
Dietary requirements
What kind of food does your pet eat? Do they have any allergies or dietary restrictions? Make sure the caregiver knows what your pet should and shouldn’t be fed, as well as any special feeding routines.
Exercise and activity needs
If your pet has specific exercise requirements, such as daily walks or playtime, include these details in your instructions. This is especially important for pets that need more physical activity, like dogs, or pets with specific behavioural needs.
Medical history and veterinarian details
Provide information about your pet’s regular vet, as well as any existing medical conditions or ongoing treatments. Make sure your caregiver has access to your pet’s medical records, vaccination history, and information about any medications your pet is taking.
Personality and preferences
Pets, like people, have unique personalities. Some may love car rides, while others find them stressful. Some pets may prefer a specific sleeping area or have a favourite toy. Including these preferences can help ease your pet’s transition to a new home and ensure they continue to feel comfortable and loved.
In addition to gifting your pet in your estate plan, you may consider including a cash gift when gifting your pet. Pet care can be expensive, especially when it comes to veterinary bills, food, grooming, and other necessities. By including a cash gift in your Will to the person receiving your pet, you can help ease the financial burden on the caregiver.
Including a cash gift requires some detailed thought about the timing of the gift and any conditions you want to attach, for example whether the person accepting your pet receives the cash straight away or whether it’s deferred until they have taken care of your pet for a set period of time? There are advantages and disadvantages with each option, and you need to discuss this with your estate planning lawyer.
Consider the following factors when determining how much money to allocate for your pet’s care:
Life expectancy
Different pets have varying life spans. For example, cats and dogs can live anywhere from 10 to 20 years, while birds and reptiles may live even longer. Factor in your pet’s age and expected lifespan when calculating the necessary funds.
Medical needs
If your pet has a chronic medical condition, requires regular medications, or is likely to need more intensive care as they age, you may need to allocate more money to cover these costs.
Cost of food and supplies
Pets need food, bedding, toys, and other essentials. The cost of these items can vary depending on the type of pet and their specific needs.
It’s important to revisit your Will and Letter of Wishes periodically, especially if you have pets. Circumstances can change, and your chosen caregiver may no longer be available or willing to take on the responsibility. You may also adopt new pets that need to be added to your estate plan.
Make sure that your Will and Letter of Wishes reflects any changes in your pet ownership or care arrangements. Regularly reviewing and updating your estate plan ensures that all your pets are accounted for and that your wishes are clearly documented.
While it’s important to include pet care instructions in your estate plan, you should also communicate your plans to the people involved. Make sure your designated caregiver knows about your intentions and understands their role. You should also inform your family members or close friends about your plans for your pets, so there are no surprises or disputes after your passing.
Clear communication helps ensure that everyone is on the same page and that your pets will be well taken care of in accordance with your wishes.
For many pet owners, the thought of their beloved animals being left without care is heartbreaking. By taking the time to plan for your pet’s future, you can ensure they will continue to receive love and attention after your death.
At Sun Wills & Estates, we understand that pets are family, and we’re here to help you include them in your estate planning. Whether you’re preparing a Will for the first time or updating an existing one, we can guide you through the process to ensure your pets are well-cared for and your wishes are honoured. Book our heart-to-heart initial consult now to get started – use our online calendar to see our real time availability and book at a time convenient for you!
[The boring bits] By using our website you agree to our Terms and Conditions, and Privacy Policy
Liability limited by a Scheme approved under professional standards legislation. © Sun Wills & Estates Pty Ltd.
