What happens to my pet when I die?

As Wills and Estates solicitors, one of the phrases we hear most often is “My relative just died; when do I get my money?” Heartbreakingly, this can be followed by “How soon can I put down their pets?” Pet ownership has soared in the post-pandemic era with approximately 69% of Australian households having one or more pets, but have they considered what will happen to their pets if they die? In some circumstances, euthanasia may be the most humane option and may be what the deceased person would have wanted, but if fur parents want to make sure their pets are looked after when they’re gone, it pays to plan ahead.

While many pets are considered part of the family, legally, they are considered to be property so if no other arrangements are made for them, they will form part of the rest and residue of a deceased person’s estate. It will be up to the residuary beneficiaries what happens with the pets, just like any other assets that aren’t specifically dealt with in the Will.

Some people create a trust to care for their pets; however, the expense and administration involved means that this is not a realistic solution for most people and there are other more practical options which can be included in a Will.

Pet owners can give their animals to a particular person to take care of them. They may also want to include a gift of money for that person to help cover the costs of caring for the pets. If you are considering this option for your pets; it is important to consider what you want to happen if that person predeceases you or is not able to look after your pets. If this occurs and you haven’t included substitute provisions in your Will, your pets will form part of the rest and residue of your estate just like they would if you hadn’t mentioned them at all.

Several charities including the Royal Society for the Prevention of Cruelty to Animals and the Animal Welfare Leagues in Queensland and New South Wales have pet legacy programs where they care for and rehome a deceased person’s pets. In addition to these larger charities, there may be smaller, local charities closer to home which may also be able to care for pets. Each organisation has their own processes and they all have different requirements (such as, their own forms to be completed and some require pet owners to leave them a money amount in their Wills), so it is important to contact your preferred organisation directly to ensure that you meet all their requirements and that you will be happy with how they will look after your pets when you’re gone, as well as including the relevant provisions in your Will.

If you think that the best option for your pet would be euthanasia, it is important to discuss this with your executors and beneficiaries. Your pet’s age and medical conditions, as well as their ability to cope with change and loss, will change over time so you may need to have these discussions more than once.

Another thing to consider is what will happen to pets before an estate is administered. Unlike other property, pets need food, water, shelter and, in some cases, medical or grooming expenses. Pets can’t always wait for an executor to investigate what property a deceased person owned so if you want to protect your pets when you’re gone, it’s essential to make sure that a neighbour, friend or family member knows that there are pets who need to be cared for if something were to happen to you.

 

¹ Animal Medicines Australia (2022) Pets in Australia: A national survey of pets and people AMAU008-Pet-Ownership22-Report_v1.6_WEB.pdf (animalmedicinesaustralia.org.au)