Law vs. love: protecting your pet in your will

Despite calls for its inclusion, the Law Commission’s recent recommendations on the Wills Act did not mention a change to the property status of pets.

Therefore, because the law still views pets as property, legally ensuring their welfare in your Will requires negotiating a rather blurry line between ownership and companionship.

It is a difficult topic, but as a responsible UK pet owner, it is important to consider what would happen to your beloved companion after you pass away. The simple truth is that your pet cannot directly inherit your estate and, without clear instructions in your Will, their future could be uncertain.

A common misconception is that a pet will automatically be cared for by an executor, or a named beneficiary or relative. However, if no formal arrangement is made, your pet actually becomes a ‘personal chattel’ unless they are a working animal (in which case they may be a ‘business asset’)! Either way, this means your executors are legally responsible for your pet’s welfare, but they are under no obligation to personally take the pet on. They might have to rehome it, perhaps not to someone you would have chosen.

To guarantee your pet’s well-being, it is important to include specific instructions in your Will.

• 1. Name a specific ‘Pet Guardian’: this should be someone you have discussed the responsibility with, and who has agreed to take on the care of your pet. This could be an individual, or you could also consider approaching a local or national animal charity, to find out how they might be able to help.
• 2. Leave a straightforward cash legacy: your Will could simply nominate a sum of money to be given to your appointed Pet Guardian. This is not for the pet directly but would be considered as a cash sum to compensate for costs like food, vet bills, and insurance. You would need to choose the nominated caretaker with extreme care, as their conduct cannot be legally overseen; the person must be someone who you trust implicitly. Furthermore, the terms of your Will must be meticulously drafted to ensure the recipient receives the legacy only upon agreeing to care for the pet.
• 3. Leave a legacy ‘on trust’ for your pet by setting up a trust for the maintenance or welfare of your pet (i.e. a specific cash gift to the appointed Pet Guardian as a trustee, which would be conditional on them taking care of the pet).

English law generally requires a trust to have a human beneficiary who can go to court to enforce its terms. A trust for a non-charitable purpose – like the upkeep of a specific horse, dog, or monument – is usually invalid because the animal or object cannot legally enforce the trust. If the trustee is willing to accept the money for that purpose, the court issues a Pettingall order, which forces a trustee to make a formal guarantee that they will use the money only for the animal’s care, and not for themselves.

If the trustee breaks their guarantee and doesn’t use the money for the pet, the residuary beneficiaries can go back to court to make the trustee either uphold the promise or lose the money. In short, it’s a way for the court to keep a trustee honest when they’re managing funds for a non-human purpose.

What can go wrong if your Will isn’t clear regarding your wishes?

• No instructions: Your pet’s fate is left to your executors’ discretion, risking an unsuitable rehoming or a move to a shelter.
• Vague instructions: Simply saying “I wish for my sister to look after Fluffy”, or ‘I wish for my pet to be looked after by a high quality animal sanctuary’ isn’t enough, and could cause arguments or even formal disputes between charities, particularly if there is a legacy at stake. This sort of wording is not legally binding, and the executors might even need to apply to the court for directions, draining the estate’s funds.
• Naming a Guardian without a gift: Caring for a pet is expensive. Without a financial provision, the Pet Guardian may struggle or decline the responsibility later, leaving your pet adrift.

Action points: If you are a pet owner you should consider reviewing your Will to ensure that it includes robust, clear instructions and, ideally, a conditional financial gift for your pet’s designated guardian.

It is a final, loving act of care, so please do speak to us should you have any questions – we are a firm which is chock full of ‘pet-parents’ and we will do our utmost to help you to protect your companion’s future!