For many, pets are part of the family, and for some they are better than family.
Our furry, fishy, flying friends can be boon companions or the centre of our world.
Australians love their pets. According to government research, almost two-thirds of Australian households have a pet and there are more pets than Australians.
All this love for our pets means we want to take great care of them, even after we pass on. But how can you ensure a beloved animal is going to be looked after in your will?
Well, unfortunately, no matter how much you love your pet, under Australian law they are considered property and not a legal person. As such a pet cannot inherit any property, so you need to take that into consideration when constructing your will.
So, as pets are not considered human, you are probably going to have to consult a lawyer to construct your will.
A simple inheritance to another family member or friend could be covered by a will kit, but to ensure your pet is looked after you will need legal advice to comply with certain legal technicalities.
If you die without a will, your property including your pets will pass to your next of kin – who may be indifferent or unwilling to take them on – and if you have no next of kin, the relevant state government. And I’m pretty sure the state government has no interest in looking after your pet.
To provide for your pet, there are three options: a trust, a legacy program with a charity, and a legacy to a friend or family to look after your pet.
A trust
Pets do not have ‘personhood’, which makes it difficult for them to be a beneficiary of a trust, but it’s not impossible.
You will definitely need a lawyer to structure your will. According to the Law Society of NSW, Australian courts have validated several trusts for pets.
At a bare minimum the courts will want evidence of a reliable and willing trustee, suitable funds for care and a person or organisation to look after the pet.
Legacy programs
Many well-known animal charities such as the RSPCA operate legacy programs.
Such programs provide care and homing for pets whose owner has passed away or is too ill or old to care for it.
The pets are homed in special facilities that provide for all their needs such as special diets, exercise, play and veterinary care.
They are a popular option for people who do not know anyone who is prepared to look after their pets when they die.
You can do an online search of animal charities with such facilities or ring around well-known animal charities for advice.
It’s also a good idea to visit the site to make sure your pet will be happy there.
A legacy to a friend or family
Perhaps the ideal option is to give a sum of money to a trusted friend or family member to look after your pet when you pass away.
Naturally, you should discuss this with the intended carer to confirm they are willing to take on your pet.
While this is an ideal option, it’s not popular as many elderly and isolated people do not know or trust anyone to look after their pet in a manner that would meet with their approval.
Whatever your choice, it’s also a good idea to include a care plan for your pet that covers any dietary needs, medication, contact for their usual vet and any carers such as walkers and pet insurance details.
Do you have a plan for your pets? Why not share your advice in the comments section below?
Also read: Research suggests it’s pets before partners
