Pet provisions in wills: How to protect your animals in your estate plan
Pets are part of the family, yet when planning for the future we often focus on who will inherit our home, money and possessions – and overlook who will care for our animals when we no longer can.
In law, pets are treated as personal possessions or “chattels”. There is currently no dedicated regulation governing what happens to them when you die, so the default position depends on your circumstances at the time of death.
If you die without a Will, the intestacy rules apply – whether or not you are married or in a Civil Partnership. Under these rules, your spouse or civil partner is the primary beneficiary and will inherit your personal chattels, which includes your pets.
If you are not married or in a Civil Partnership, the intestacy rules determine who inherits your estate, including your pets. This makes it especially important to document your wishes to ensure your animals are cared for in the way you intend.
Pet provisions in wills
Including specific provisions for your pets in your Will provides clarity for your family and peace of mind for you. There are several ways to do this:
Make a gift of your pets to a named individual: This gift should be drafted flexibly to cover situations where you may have different pets at the time of your death. Flexibility helps ensure the gift does not fail.
Use a letter of wishes: A Letter of Wishes can set out detailed guidance on how you would like your pets to be cared for. It can be updated at any time without changing your Will, but it is not legally binding. It is best used to supplement – not replace – a clear Will provision.
Create a trust: A trust can provide ongoing financial support for your pets – for example, an annual allowance for their care. This option may be appropriate for pets with higher maintenance costs, such as horses or show animals, although trusts do involve administrative costs.
Charity programmes
If you do not have a specific person in mind to care for your pets, several charities offer schemes to rehome animals after their owner’s death, including:
These programmes can provide reassurance that your pets will be cared for by experienced organisations.
Exotic/uncommon pets
Regulated animals: Some animals are subject to stricter rules. If your pet requires a licence under the Dangerous Wild Animals Act 1976, the licence continues for 28 days after your death as if granted to your Personal Representatives. They must apply for a new licence within that period; if they do, the existing licence remains valid until the application is approved or refused.
Animals covered by this legislation include:
- Wild dogs & wolves
- Wild boar
- Ostrich
- Certain lizards and snakes
In rarer cases, animals may fall under CITES regulations, which govern the trade and transfer of endangered species. DEFRA issues the certificates required for any change of ownership.
Regulated activities: If you hold a licence for regulated activities involving animals – such as breeding dogs, hiring out horses, or keeping/training animals for exhibition – there are specific provisions for what happens to this licence when you die.
The licence generally transfers to your Personal Representatives for three months. They must notify the Local Authority within 28 days of your death. This period allows time to wind down the business and ensure the animals are properly rehomed.
Estate planning advice
Please get in touch with our Wills, Trusts and Probate team to discuss your specific circumstances and long-term estate planning goals. Our expertise will ensure you have the confidence to make informed decisions and protect your legacy.
Our Family team has explored what happens to pets in the event of a divorce. You can read their recent article here.
For more information contact Matthew Briggs, Boyes Turner – a Citywealth member
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