Legal News | 25.09.25
A pet is for life, but what about the after life?
We are a nation of animal lovers but have you ever considered what may happen to your pets when you die?
Pets are considered personal property under English law. This means that you cannot leave a gift to your pet in your Will, for instance. There are, however, options available to you to ensure that your pet is cared for in the event of your death.
As personal property, pets can be gifted specifically to someone else under the terms of your Will. However, it would always be advisable to ensure that the person to whom the gift is made is prepared to care for the animal. Any gift of the animal could be accompanied by an additional legacy (and note of wishes) to that individual asking them to use the legacy to care for the animal. They wouldn’t be obligated to use those funds for the pet’s care, however, so if you wanted greater certainty, it is possible to set up a trust for that purpose.
Where a trust is set up, the trustees would use the funds in the trust to care for the animal. The trust would be limited in duration and on the death of the animal the funds could then pass to a named individual or charity. Setting up and administering a trust for this purpose, however, is likely to come at a significant cost and simpler options may be available.
If you do not have friends or family to whom you can make a gift of your pet, then you could defer the rehoming of your pet to another. This may be the executors of your Will or, commonly, charities who provide special schemes to ensure that an animal is cared for when its owner dies. The Dogs Trust, for instance, can provide a Canine Care Card, which you can keep and states that you have given instructions about your dog’s care in your Will. The RSPCA also offers a Home for Life service with which you can register and the Battersea Dogs and Cats Home provides a similar rehoming scheme.
If you would like more information about this topic or if you would like to make a new Will or review your existing Will to ensure that your pet’s needs are catered for, then please do get in touch with the Private Client team at Wansbroughs LLP.
