Pet Trusts Explained: How to Provide for Your Pet After Death

The Telegraph recently ran an article explaining the plight of Karl Lagerfeld’s beloved cat Choupette, whose £200m inheritance was usurped – How to leave your fortune to your dog (and make sure they actually get it) , highlighting some of issues around leaving funds or an estate to a pet under your Will.

To many people, their pets are members of the family, and sometimes thought of like children. It is not uncommon for people to want to make provision for their pets under their Will, and of course why not?! You think about those that matter most to you when preparing your Will, usually with a desire to ensure that your loved ones are taken care of when you are no longer around.

However, unlike children, pets are treated as personal property in England and Wales. This means that you cannot leave your assets to… well, an asset. At least not directly. As stated above, many people have been confronted by this same conundrum over the centuries, and there are some very sensible ways to provide for your pet in your Will and ensure their wellbeing after your death.

Can you leave your estate to your pet?

Simply put, no. In England and Wales, a pet cannot be a beneficiary under a Will. This is because pets are assets and so cannot themselves own or manage property. There is a general rule that for a gift to be effective there must be a beneficiary capable of enforcing that gift. Because pets cannot own assets or take enforcement action if the executor failed to pay them their legacy, they cannot be named as a beneficiary in the Will. If a Will attempts to leave money directly to a dog, cat, or other pet, that gift is likely to fail for lack of a legally recognised beneficiary.

Ways to provide for your pet in your Will

• Name a guardian for your pet!

The rules around guardians do vary from those which relate to children (once again because pets are seen as assets), however this means that you can give your pet to someone under your Will. That person will be the legal owner of your pet and can either keep them (if it is appropriate for them to do so) or make arrangements for them to be appropriately rehomed. It is sensible to ensure that anyone being left with this responsibility knows that you are naming them for this role. No one likes a surprise that includes ongoing responsibilities.

• Leave a cash gift to the person who has also been left your pet.

This will help with the various costs associated with pet ownership (such as food, insurance, grooming, and veterinary costs), which can often be a barrier to keeping a pet. It is also possible to make this cash gift contingent on that person actually having accepted ownership of your pet.

• Consider preparing a letter of wishes

This can be used to explain your pet’s routine, medical needs, preferences, and temperament. You can also use this to explain how you would want any money left to be used, although you cannot force the new owner to apply funds as you direct if the gift was made in an outright fashion (rather than through a trust- explained below).

• You could put in place a trust arrangement

This can be used as an alternative to outright gifts and such an arrangement could allow your trustees to direct who should take ownership of your pet as well as providing money to care for them on an ongoing basis. This is a more complex structure but allows for greater control over how money is used for your pet’s benefit and can be useful where long term care is a concern.

Should you use a trust for your pet?

By using a trust structure, you would name individuals to manage the funds you want to leave for your pet (known as trustees) and can also give them control over who is to receive your pet. The trustees would manage the money on a longer term basis and can release money as and when needed to the new owner. This allows significantly more control over how money is used and can ensure that the pets long term care is considered. It also allows for money to be given to new owners if the ownership of your pet has to change in the future for any reason.

The costs and administration involved in managing these types of trusts needs to be a serious consideration. For this reason, trusts are most often used where significant sums of money are intended for the pet’s welfare as the trust needs to be able to cover its own costs, as well as providing for the pet. As a result it is more common for people to make outright gifts to a trusted carer. For others however, a trust may offer more reassurance, particularly where significant funds are involved or where there is concern about whether the money will be used properly.

Common mistakes to avoid

• Naming a pet as a direct beneficiary in the Will.
• Failing to ask the proposed carer whether they are willing to take the pet on.
• Leaving no substitute arrangement if the first carer cannot act.
• Leaving an unrealistic amount of money without clear instructions.
• Forgetting to review the Will if your pet changes, dies, or you acquire another animal.

Frequently asked questions

Can I leave money directly to my pet?
No. In England and Wales, pets cannot inherit directly, so any gift must be structured through a trusted person or trust arrangement.

What is the best way to provide for my pet after death?
That depends on your circumstances. The most straightforward solution will usually be to choose a reliable carer, leave a sensible cash sum, and prepare a clear letter of wishes. However, if he amount involved is significant, and more control is needed, a trust may be appropriate.

Can I leave my pet to a charity?
In some cases, yes. Some charities may be able to rehome or care for pets, but you should check the charity’s policy in advance and make sure your Will is drafted clearly. It is best practice to let any intended charity know that you are leaving a legacy to them in your Will, and it is generally a good idea to also leave a cash gift to the charity to assist with their costs.

Final thoughts

Although you cannot legally leave your estate to your pet, you can make arrangements that will ensure that your pet is properly looked after. A carefully prepared Will can name the right pet guardian, set aside funds for care, and provide practical guidance to help ensure your pet’s routine and welfare continue. Planning and being clear with those involved about your intentions is also important to ensure a smooth transition for your pet.

At Blanchards Family Law, our Wills and Trust specialist Ashley Minott, a full STEP member with over a decade of trust administration experience, can guide you through your options, based on your individual circumstances.

To discuss your situation, contact us on  0333 344 6302 to arrange an initial meeting.

Want to learn more about how pets are considered in family law?

Why don’t you read an article on “How To Share a Dog with Your Ex” or this one, “Pets on Divorce and Separation: Does UK Law Need to Change?“.