The UK is a nation of animal lovers. It is estimated that there are an astonishing 13.5 million pet dogs and 12.5 million cats in the UK and we lavish more than £9 billion on them every year. So it will not be a surprise to hear that an increasing number of us want to provide for our loved pets should we no longer be around.
A recent survey (August 2024) by the Co-Op reports that one in eight people look to leave cash in their Wills to provide for their pets should they pass away before them.
And it is not a new phenomenon. In 2019, when fashion designer Karl Lagerfeld died, he left £1.2 million to his cat, Choupette. Choupette was photographed for its 264,000 Instagram followers earlier this month celebrating its 13th birthday with a picnic in the grounds of the Palace of Versailles. In 2007, US property guru, Leona Helmsley, also known as the ‘Queen of Mean’, left an astonishing $10 million to her pampered pooch, Trouble.
In the UK, an animal, irrespective of how much a part of the family it is, is considered ‘property’ much in the same way as a car, house or record collection. The exception being a working dog, such as a sheepdog, when it can be considered an asset of a business. Either way, it is not possible to leave a pet a cash lump sum. Property cannot inherit.
So how can you provide for your much-loved pet should you die before it does?
The simplest way is to add a letter of wishes to your Will (specifying how the pet should be cared for), alongside a gift of the pet and money, stating that the gift is contingent on that person looking after the pet as per your instructions. Care should be taken to ensure that an appropriate amount is left to cover the pet’s care needs, taking into account the likely life expectancy of the animal.
The wording of the gift would need to be carefully drafted to ensure that the individual receives the money only if they agree to look after the animal. You would need also to choose that individual carefully – once a gift is made the courts overseeing probate will have no further jurisdiction.
An alternative would be to create a trust with the specific aim of supporting the welfare of the pet. A trustee would need to be appointed and would need to agree to take on that role. This option will be more expensive to create and administer but does provide surety that if the pet is not looked after and pampered in line with your wishes, the courts can step in.
It is always advisable to check that the nominated person is willing to take on responsibility for the pet after your death, before naming them in your Will. If there are no family or friends able or willing, then you can gift the pet in your will to certain animal charities (along with a suitable donation).
Family disputes
It is well documented that disputes over inheritances are increasingly fraught, and it should be noted that any sizeable gift to a pet might leave remaining family members fighting like, well, cats and dogs.
When leaving an inheritance, whether to provide for your pets or to an animal charity, it is sensible to discuss your wishes with family members in the first instance. If they understand why you are doing it and what it will mean for them, it can help minimise the risk of any dispute after your death.
Making a provision in a Will for the continued upkeep and welfare of a loved pet is not always straightforward, blurring the lines between companionship and a legal responsibility. Taking advice and including family members and the animal’s guardian if they are different people in the process is sensible.
Contact our Private Client Solicitors
If you are in need of advice or assistance on any of the legal issues mentioned in this article, please contact Olivia Meekin, Partner or any member of our experienced Private Client team on 020 7631 4141 or email privateclient@bishopandsewell.co.uk
The above is accurate as at 22 August 2024. The information above may be subject to change.
The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.
