Planning for your Pets
We love our pets. They make up an important part of our households, and are part of the family! Despite this, our clients don’t often turn their minds to their pets when formulating their Estate Plan.
After all, someone needs to care for your pet, and pay for it. The kind of things you should consider to include in your will are:
Who will care for your pet if you die, or if you can’t due to accident or illness?
Do you have Enduring Power of Attorney, and if so, does it empower your attorney/s to care for your pet, and to pay for such care? For more information on Enduring Powers of Attorney, click here.
What kind of care do you wish your pet to receive?
Is the person you have nominated to care for your pet financially capable of paying for the care?
Does such a person need to be provided with funds to care for your pet?
Should the funds be in the form of a gift in your Will, or in a trust?
Should someone oversee this arrangement?
If such questions are not considered, disputes can arise and have historically done so many times. Most often, disputes occur if money is left to the pets (see our article on Family Provision Applications here) if provisions in a Will that relate to pets are improperly drafted, and if it is unclear as to who has custody over the family pet.
In a recent New South Wales Supreme Court case, (Hibbitt v Ziade [2022] NSWSC 904) a Willmaker wished for her friends, a couple, to care for her cats upon her death. In exchange, she was to gift her house to the couple. Due to an ambiguity in the wording of her Will, the Court found that the requirement to care for the cats did not have to be satisfied in order for the couple to receive the house.
Pets can only cause problems if Willmakers do not properly consider the issues that arise and if they do not receive specialised legal advice in relation to their wishes. To ensure that your pet gets the love and care that they deserve after your death, book a free 20-minute chat with Direct Lawyers or click the button below.