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For many people, pets are more than just animals. They are beloved members of the family. Yet while considerable thought is often given to who will inherit other parts of an estate under a Will, the future care of pets can sometimes be overlooked.

If you own a pet, it is important to consider who would care for them if you were no longer able to do so, and whether your estate plan properly reflects your wishes. Taking the time to make arrangements now can provide peace of mind that your pet will continue to be cared for by someone you trust.

Pet Ownership in South Australia

According to Dogs and Cat Online, there are around 331,000 dogs and 107,000 cats owned by South Australians.

Almost half of South Australian households have at least one dog, and a third have at least one cat. Then there are small mammals, fish, reptiles, birds and other animals to add in!

Who owns my pet when I die?

The answer to this depends on whether you have a valid Will that leaves specific instructions about your pet. If you have not left specific instructions about your pet in your Will, they form part of your residuary estate – the part of your estate not specifically gifted to anyone.

If you don’t have a Will, your pet’s future depends on your situation and who inherits your estate.

For example:

Peggy owns a cat called Milo. Peggy does not have a Will. Peggy passes away while still owning Milo. Peggy’s estate is administered by her 2 adult children. As Peggy’s only beneficiaries, her 2 children inherit ownership of Milo. It will be up to them to determine if one of them keeps Milo or to make other arrangements.

Jack and his dog Jill live on a small property. Jack has trained Jill to herd sheep; they regularly compete in Sheepdog Trials across the state. Jack is declining in health and knows that Jill will likely outlive him. When making his will, Jack specifically leaves Jill to his close friend Mac who also competes and owns sheepdogs. Upon Jack’s death, ownership of Jill passes to Mac.

Stevie lives on a farm and owns 3 horses: Starlight, Belle and Patch. Stevie loves her horses and is devoted to their care. Stevie has 2 children, who both live in the city. Stevie makes a Will that leaves the three horses, or any that she owns at her death, to a horse rescue organisation that offers a rehoming service, with a sum of money left to the organisation with a non-binding wish that it be used for the purpose of rehoming and caring for her horses, with any leftover funds to be donated to the organisation. Upon Stevie’s death, the 3 horses and the sum of money pass to the rescue organisation and the rest of the estate is distributed as Stevie’s Will instructs.

Options

Potential options for pet owners within their Wills include:

  • giving your pet to a specific family member or friend;
  • having the pet rehomed by a rescue organisation or charity; or
  • setting up a trust for your pet.

When considering the best option for your pet, it’s important to contemplate future care costs. To help ease this burden, some people leave a sum of money for their pet’s care and/or as a gift to the person taking the pet.

It is recommended that you talk to the person you would like to take care of your pet, and check they are happy and able to do so.

If there is no one appropriate to take your pet, you can consider utilising a charitable or rescue organisation to care for your pet or have them rehomed.

Each individual organisation or charity has its own processes so need to be contacted directly.

Some of the charitable or rescue organisations include:

A third option is to set aside a sum of money to be placed into a trust, as your pet cannot inherit money directly, with the funds being used to care for your pet.

This is not usually an option that is considered, as due to the expense and administration involved, it is not a practical solution for most people.

Pets are loved by their owners, and it can mean a great deal to your peace of mind to have their future secured. If you want to have a chat about your specific situation, please contact Mellor Olsson via 8414 3400 or [email protected].