What happens to my pets after I’m gone?

When making decisions about what happens after you die, a question raised often is: ‘What will happen to my pets?’

For many older people their pet is their main companion; a source of great joy and comfort to them, and therefore an extremely important issue.

A pet is legally considered to be a chattel, which means it is property and considered in the same way as a piece of furniture or your car.

As such, the legal responsibility for a pet will pass to the executors of your estate where there is a Will in place and, if not, under Intestacy so that Administrators (usually next of kin but, for those without close family, someone completely unknown to you).

Consequently, this can lead to uncertainty and the potential for the pet to be rehomed or, at worst, put to sleep.

So it is an important consideration for most pet owners and another reason to make a Will as there are several options to consider to make sure that the pet is looked after following the owner’s death.

When making a Will your solicitor should be asking questions relating to all aspects of your life, including whether you have any pets.

The various options then open to you would include:

1.    Asking a specific person to take your pet and become the new owner. This comes with risks as that person will have no legal obligation to accept the responsibility if they are unable or unwilling. If this is a choice you wish to consider then it would be wise to first check with the individual whether they are prepared to take on that responsibility, even though there would be no legal duty to follow that decision.

2.    In the absence of naming someone under a Will, the named Executors would have the legal responsibility of trying to rehome the pet. They may ask family members or turn to animal charities.

3.    Some charities, such as RSPCA, Dogs Trust and Cats Protection League, operate schemes where you can register your pet with the charity before your death and they will take over responsibility. This is usually accompanied by a cash donation to the charity. You would need to contact the charities to see which scheme is the most suitable for you.

4.    You can set up a trust in your Will where you leave a sum of money to the trust with the specific purpose of looking after your pet. You would need to appoint Trustees to use those funds to help pay for the pet.