There’s no doubt that pets have always been important in any family dynamic, but recently, people are spending both more and more time with and money on their pets, with many owners considering them to be on the same level as their children – but can they be treated the same as children when it comes to inheritance?
In England and Wales, when it comes to deciding how to leave your estate, there’s the concept of testamentary freedom, which is the idea that you can leave whatever is in your own personal estate to whomever you like.
So this applies to pets, right?
Unfortunately, no. Under the Administration of Estates Act 1925, pets are considered a ‘personal effect’ or ‘chattels’ and not people, so they can’t actually inherit anything from your estate.
In the same way a person under 18 years of age is unable to accept monies from executors, a pet lacks the ability to manage their finances and provide valid receipt of the gift.
It’s not against the law to leave anything to your pet, and it would not make your will invalid, but the gift to the pet would fail so could not be fulfilled.
Can my pet benefit at all from my will?
Whilst they cannot benefit from a direct gift in your will, there are other ways your pet can benefit:
- Leaving the pet to a named person with a cash sum with guidance on how the money should be used for the pet.
- Leaving the pet to the executor with a cash sum with a letter of wishes listing people who may care for the pet, how the pet should be cared, and how the cash should be used.
- Leaving your pet to an animal charity with a cash sum, with a condition that the money is used for to care for your pet.
- Leaving funds in a discretionary trust
It’s important to note that whilst you’re making these arrangements for your pet to be cared for in the way you intend, there isn’t a guarantee that your pet will directly benefit – it will be for your executors and trustees to manage this, which is why ensuring you choose the correct people to be responsible for your estate is important.
How we can help
When it comes to drafting a will to include pets, it has to be carefully worded to ensure it does exactly what is intended to do, and so that the clauses are enforceable.
Where you are leaving a cash gift to someone as long as they look after your pet once you’ve died, it’s important to have this drafted correctly, and to have substitute beneficiaries if necessary. The will would need to be drafted to consider all future pets, not just the pets you have at your date of death.
Take professional advice from our team
For help drafting your will please contact our Wills Trusts and Probate team at info@brethertons.co.uk or phone 01295 270999 (Banbury Office), 01869 252161 (Bicester Office), or 01788 579579 (Rugby Office).
Comments