Pets in Wills: What Are Your Options?

Including pets in Wills can be complex. Despite what many owners think, the law treats pets as property; a possession similar to a car, or a piece of furniture. A 2024 National Dog Survey by Dogs Trust revealed that “99% of dog owners said that their dogs are family”. Despite this, legally there is no provision to leave gifts to your pets in your Will.  

A petition was circulating this year, calling on the government to reform “outdated laws” which continue to classify pets as property in court proceedings. However, for a gift in a Will to be successful, the recipient must be able to give a good receipt of funds. As a pet is not capable of acknowledging receipt of funds, the law is unlikely to change anytime soon.

What options do owners of pets have? 

Trusted beneficiary

One option is to leave pets to a trusted beneficiary and then leave money to the beneficiary to care for the pet. A letter of wishes could be prepared to sit alongside the Will, allowing the pet owner to express any specific needs their pets have and how they should be cared for.

Consideration must be given to how long the pet might live and whether the beneficiary is the best person to care for them. This option is not without risk, as there is no legal obligation on the beneficiary to spend the money caring for the pet, only a moral obligation, so choice of trusted beneficiary is crucial.

Charity

Another option is to leave your pet to an animal charity that promises to look after and find a new home for your pet once you have passed away. The RSPCA, for example, offers a ‘Home for Life’ scheme for animals bequeathed to them in a will. Similarly, Dogs Trust offers a ‘Canine Care Card’ which guarantees care and rehoming of your dog in the event of your death.

You may wish to leave a charitable donation to your chosen charity, in the form of a gift in your will, to help care for your pet. Depending on the size of the assets in your estate and the level of donation, such a donation could help reduce your estate’s inheritance tax bill, if applicable.

Trust

Finally, a trust could be set up in a Will, with a trusted person as the beneficiary, who will be tasked with caring for and rehoming your pet. The trustees of the trust would dictate when and how the beneficiary receives the funds, in line with your wishes. This may provide peace of mind that the money for the care of your pet would be used as you intended.

Famously, Paul O'Grady left a staggering £125,000 in trust to look after his five pet dogs.

If you have a pet but have not yet considered who or how they will be cared for when you pass away, we are happy to help by talking you through the process and the options available to you.