For many of us, our pets are more than just animals; they’re family. Whether it’s your dog who waits by the door every day, your cat who curls up in your lap (or ignores you), or your goat who cheekily chews on your clothes (looking at you, pygmy goat owners!), ensuring they are well cared for after you’re gone is a vital part of responsible estate planning. At Copeland Estates Legal we are massive animal lovers, we get it!
But how exactly do you ensure your beloved fur babies, feathered friends and other animal companions are looked after? Pets are considered property in Australia, so they cannot be beneficiaries of your Will. However, by including specific provisions in your Will, you can ensure your pets are treated like the family members they are. There are several options, and we’ll explore some of the most effective ways to include your pets in your Will so they continue to receive the love and care they deserve.
Why It’s Important To Factor Your Pets Into Your Estate Planning
You’ve likely thought about how to provide for your children, spouse, or other loved ones in your Will, but what about your pets? Without a plan in place, the future care of your animals might be left to chance, potentially leaving them vulnerable or ending up in a shelter. Taking the time to consider their needs ensures their well-being, and it offers you peace of mind knowing that your cherished companions won’t be forgotten.
Your Options When Including Pets in Your Will:
There are several ways to structure your Will to include provision for your pets, depending on your preferences and circumstances.
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Allocating a Lump Sum for Your Pet’s Care in Your Will
One of the simplest options is to leave a designated lump sum of money to a trusted person who you trust to care for your pets. This amount can cover costs such as food, veterinary bills, grooming and other necessary expenses for the duration of your pet’s life.
It’s important to be clear in your Will, however, that this money is specifically for the care of your animals. You’ll want to choose a reliable person who has a genuine bond with your pets and will use the funds appropriately.
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Conditioning a Beneficiary’s Inheritance on the Care of Your Pets
If you have a specific beneficiary in mind who you believe would be a good fit to take on the responsibility of looking after your pets, you can make their inheritance conditional on the care of your animals.
For example, you could stipulate in your Will that the beneficiary will only receive a share of your estate if they agree to take care of your pets for the rest of their lives. This can be a powerful motivator and ensure your animals end up in a loving home, while also ensuring your estate is used in line with your wishes.
This approach allows you to balance your desire to provide for loved ones while also ensuring your pets similarly taken care of. You should work with your estate planning lawyer to carefully structure this provision so it aligns with your wishes while also being legally enforceable.
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Setting Up a Pet Trust in Your Will
If you want more control over the care and finances provided for your pets, you might consider setting up a pet trust. A pet trust allows you to allocate specific funds for your pet’s care and outline in detail how the funds should be used, how often, and by whom.
In a pet trust, you can appoint a caregiver (someone you trust to physically care for the pet) and a trustee (someone responsible for managing the trust’s funds and ensuring they are used appropriately). This can provide an additional layer of oversight and protection for your pets, making sure that their needs are met according to your wishes.
As with setting up and running most trusts, this may not always be a cost-effective option unless you have a significant number of animals you wish to provide for or if there are added complexities.
Rehoming Programs for Pets After You Pass
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The RSPCA Home Ever After Program
The RSPCA is a well-known animal welfare organisation that runs the Home Ever After Program, where the RSPCA will care for and rehome pets where owners have passed away, ensuring that they find a loving new family. Whether or not you have someone in mind to care for your pet, this program acts as a backup plan to make sure that no matter what your animals will always have a safe and loving place to go. This can also be an excellent option for pet owners who don’t have anyone in their lives they would want to give care of their animals.
Benefits of the RSPCA Home Ever After Program:
- Your pet will be cared for and rehomed
Even if you have designated someone to care for your pet in your Will, circumstances can change and your Will hasn’t been updated to take this into account. Family members may become unable to fulfil that role, or friends may move away. By registering your pet with the Home Ever After program, you ensure that your pet will be cared for, regardless of life’s unpredictability. - Your pet’s profile is kept on record
When you register your pet, you’ll provide detailed information about their personality, dietary needs, health requirements, and any quirks or preferences they may have. This profile is kept on record so that, if the time comes, the RSPCA will be able to place your pet with a family that matches their specific needs. - Your final wishes for your pet are honoured
You can leave clear instructions in your Will about how you want your pet cared for. If your pet ever needs to be rehomed through the Home Ever After program, the RSPCA will follow your instructions and ensure your pet’s new owner receives the care directions you’ve provided. - Enjoy peace of mind
Registering your pet in the Home Ever After program gives you peace of mind that no matter what happens, your pet will be loved and cared for by a new family. It’s a future care plan that guarantees your pet’s well-being, even when you’re no longer around.
Cost of the RSPCA Home Ever After Program
The Home Ever After program is free for individuals who include a gift to the RSPCA in their Will. Your contribution, whether large or small, helps the RSPCA continue their work caring for animals in need. For every Will we prepare that includes a gift to a registered charity, Copeland Estates Legal will also make a donation of $20 to the Starlight Children’s Foundation. It’s a great way to share kindness and leave the world a better place.
The Animal Welfare League NSW Legacy Program
The Animal Welfare League (AWL) also runs a program similar to the RSPCA’s, offering peace of mind that your pet will be cared for and rehomed if you’re unable to make arrangements for them with family or friends.
With the NSW Legacy Program, AWL can take immediate action to care for your pets upon your death. They offer an Emergency Card Program for Legacy Pets, ensuring that in the event of an emergency, AWL can take your pets into their care immediately; this is especially valuable for pet owners who may not have someone nearby to step in right away.
You have two main options when including your pet in the AWL NSW Legacy Program:
- Rehoming Your Pet
AWL will find a new, loving home for your pet that suits their unique needs and personality. Effort is made to match your animals with the right families, ensuring that your animal will be placed in an environment where they will thrive. - Permanent Foster Care Through Guardianship
If rehoming isn’t an option you’re comfortable with, AWL also offers permanent foster care under their Guardianship Program. In this scenario, your pet will be placed with a foster carer who will care for them long-term, providing stability and the love your pet deserves.
Tips for Structuring Pet Provisions in Your Will
When making provisions for your pets, consider the following strategies:
- Choose your caregiver wisely: Think about who is best suited to care for your pets. Do they already have a bond with the animals? Are they healthy and responsible enough to take on this long-term commitment? Ensure the person you choose is up for the responsibility.
- Talk to your chosen caregiver: Before naming someone in your Will to care for your pets, have a conversation with them to make sure they are willing and able to take on the responsibility.
- Consider alternatives: If no friends or family members are suitable, explore the option of a rehoming program with organisations like the RSPCA or AWL.
- Regularly update your Will: Our circumstances and relationships change, so it’s important to review your Will regularly to make sure your wishes are up to date. This is especially true for provisions regarding your pets, as their needs and your available options may shift over time.
Protecting Your Pets with Thoughtful Estate Planning
Your pets offer unconditional love and companionship, and by making thoughtful provisions for their future in your Will, you can repay that loyalty by ensuring they are well cared for after you’re gone. Whether you choose to leave a lump sum for their care, make a beneficiary’s inheritance conditional on caring for your pets, or explore charitable rehoming programs, there are numerous options available to give you peace of mind.
It’s important to speak with an experienced estate planning lawyer when creating your Will to ensure it properly captures your intentions and is properly executed. Make sure to also notify your executors and loved ones so they understand your wishes in terms of future care for your pets and if you have already registered them with a particular animal welfare organisation. Additionally, keeping the animal welfare organisation informed of any changes to your Will to avoid confusion will help ensure that your final wishes are fulfilled.
Planning for the future of your pets is a loving and responsible action that helps protect their well-being, no matter what happens. With the right estate planning, you can make sure your fur babies continue to live a happy and healthy life in a caring home after you’re gone.
At Copeland Estates Legal, we can help you explore all your options and create a Will that reflects your wishes for your pets and loved ones.
Send us an email at [email protected], give us a call on 1300 034 487 or book in a free 10 minute chat here.
We’ll look after you.
