16/06/2022
Don’t forget to account for your furbabies and leave it to chance. Have a solid plan
How many of you have made a plan for what happens to your four legged babies in case something happens to you? I see it often and I feel like it’s more so now than ever. Making a plan for if something were to happen to you and your partner. Making sure your loved one doesn’t end up at a shelter as a senior possibly.
1. Can I include a provision for my pet in my will?
The Administration of Estates Act 1925 defines domestic animals as “personal chattels” and, as such, it is possible to make gifts of family pets in your will.
2. Do not leave a gift directly to your pet
You have to be very careful with the wording of your will because an incorrectly written provision may fail. For example, a cash gift to your pet dog, cat or turtle will fail, not only because they would not be able to open their own bank account, but also because animals cannot own cash or give legal receipt to your executors.
3. Leaving your pet to a family member or a friend
Sure, most people would not mind looking after someone’s pet for a week or so while they are away on holiday. However, not everyone would be willing to take on the responsibility of caring for an animal permanently (especially if your pet is a giant tortoise who can live for more than two centuries). Make sure to discuss the matter with the person you have chosen and confirm they are happy to take on the responsibility (or the honour – the way I see it).
4. Incorporating the pet provision clause in your will
This is the tricky part – the clause(s) will have to be carefully worded to ensure that it does exactly what you intend it to do. As such, it is advisable to seek professional help when creating your will to make sure the clauses are enforceable.
5. Do not forget the costs involved in looking after your pet
This is especially important if your pet is used to a luxurious lifestyle and you wish for it to remain that way after your death. The courts have held that a testamentary gift to someone providing for your pet’s maintenance is a valid gift. The most common way would be to leave a legacy of your beloved pet and a cash sum to a named beneficiary. This, however, does not guarantee that the named beneficiary would definitely accept the responsibility of looking after your pet.
6. Is the cash gift conditional on the beneficiary looking after the pet?
As per my previous point, you can make the cash gift conditional upon the recipient taking on the responsibility of looking after the pet. This helps avoid a situation of your chosen person not being able to take on the responsibility simply due to lack of funds.
7. Have a plan B
Provide for a substitute beneficiary if your first choice is unable to take care of your pet after your death.
8. Have a plan C – animal charities
If you cannot think of anyone who can take care of your pet, many animal charities run free rehoming schemes that would provide for your pet when you are gone: RSPCA’s Home for Life, the Cinnamon Trust and The Dogs Trust Canine Care Card are just some examples. These services provide standard clauses to include in your will but, again, every situation is different and often the clauses need to be amended to reflect your individual needs.
9. Do not forget any potential future pets
If you are like me and are ready to adopt every kitten you find on the street, make sure to include any future pets you may have as at the date of your death in your will.
10. What if you outlive your pet?
Make sure any cash gifts made purely for your pet’s maintenance to your chosen care taker is conditional on your pet being alive on your death. In these situations, the gift would fail and form part of your residuary estate.
https://www.hughjames.com/blog/10-things-to-consider-when-providing-for-your-pets-in-your-will
Trusts are the most secure option to provide for an animal, because merely including their information in your will may not be sufficient. Wills deal primarily with property distribution, and directives beyond who gets what, including instructions for your animal’s care, may not be legally enforceable. Pet trusts provide an extra layer of security and additional protections.
The good news is that it is relatively easy to set up a worry-free pet trust with the help of an estate planning attorney. Some states have limits on how much money you can leave in a trust for an animal, so it is important to check your state’s specific statute and to consult with an attorney who specializes in estate planning.
The trust will specifically designate a person (and successors should the original person become unavailable) who will carry out your wishes – which you can also lay out in the trust agreement – regarding your cherished animal family members. In addition to naming a caregiver, you should designate a trustee to manage the trust. Ideally these will be different people, and you will want to choose them carefully after a conversation to ensure they are willing to carry out your wishes. The trust can provide a certain amount of money to a designated caregiver as well as specific instructions pertaining to exercise, recreation, vet visits, diet, and more. The funds in this trust will not actually belong to your animals, but they will receive the benefit of the money.
In setting up a trust you also designate a beneficiary to receive the remainder of the funds when the animal dies. For example, many people choose to leave leftover funds to their favorite animal rescue organization. Think twice before leaving leftover funds to a person involved with caregiving unless you trust them completely, as it could be incentive to provide less than the highest level of care. Finally, avoid leaving an astronomical sum of money, as this could make your trust more vulnerable to a court challenge by disgruntled family members.
Another option is to make a direct bequest to an individual (beneficiary) who agrees to use the funds to care for your animals.
Clearly explain your expectations for the care of the animals. This is risky because the beneficiary is under no legal obligation to actually use the money for the care of your animals. You can state in your will that your companion animals may not be used for medical research or product testing under any circumstances. If you have provided in your will for the euthanasia of your animal upon your death, be aware that the courts have invalidated such provisions. You would be better advised to request your executor, a trusted friend, or a reputable humane organization be first given the opportunity to locate an appropriate home for your animals. There is less likelihood a court would overturn such a provision, and your animal may adapt much better than you would expect. Make sure you discuss your plans in advance with the people or organizations you leave in charge so they won’t be surprised and there will be less confusion and delay for your animals.
https://aldf.org/article/including-animals-in-your-will/
