No one particularly enjoys thinking about their own death. But if you’re a pet owner, there’s another uncomfortable question worth considering: what happens to your dog, cat or other beloved pet when you’re no longer there to care for them?
For many of us, our pets are family. Yet without proper planning, there is no guarantee that the person who takes responsibility for them will be someone you would have chosen.
Danielle Venter, associate at Sandton law firm Pagel Schulenburg, explains what pet owners should consider when drawing up their wills.
What happens to your pet if you die without a plan?
“Where a pet owner dies without a proper will in place or without making provision for their pets, the animals will usually pass to whoever inherits the owner’s property,” explains Venter. “That may be someone unfamiliar to the pet, or someone who doesn’t understand their needs, or who isn’t in a position to care for them physically or financially.”
There is also the possibility that your pet could end up without a home.
“They may end up in an animal shelter. Many shelters in South Africa are already overburdened with surrendered pets.”
Planning ahead therefore means deciding both who will care for your pet and how that care will be funded.
Should you include your pet in your will?
“As a pet owner, you can have a clause drafted in your will that specifies a designated caregiver or an animal-welfare organisation (such as a rehoming organisation), along with a cash bequest or trust to cover your pet’s immediate and future expenses,” Venter explains.
A cash bequest is one option, but she cautions that there is a limitation.
“There is no legal oversight of how the money is used, even if your will provides clear instructions.”
Another option is establishing a trust.
“In the case of a trust, a trustee is appointed with a duty to administer the funds in the best interests of the pet,” she says.
However, a trust isn’t something to establish without professional advice.
“A trust should not be suggested lightly as it comes with tax implications and administrative costs. These should be discussed with your estate planner.”
Under this arrangement, the caregiver would also need to provide receipts showing how money was spent on the pet.
Choose your pet’s caregiver before you need one
Simply writing someone’s name into your will isn’t enough.
You should speak to your intended caregiver beforehand and confirm that they’re willing and able to take responsibility.
“If your nominated caregiver informs you that they cannot care for your pet(s), it’s best to amend your will promptly and designate someone else who can.”
Venter also recommends providing for a secondary caregiver in case your first choice is unable or unwilling to take responsibility when the time comes.
That backup could be another trusted person or an animal-welfare organisation.
When considering a caregiver and trustees, Venter says three people could ideally be appointed.
“You could appoint your caregiver as a trustee, along with two other individuals – perhaps a family member and one impartial third party.”
Leave a ‘care manual’ for your pet
Your plans shouldn’t stop at identifying the person who will take your pet.
A pet directive can give your executor and caregiver practical information about the animal and its everyday needs.
Include:
- Identification: Name, breed, microchip number and a photo
- Medical information: Vaccination card location, treatments, allergies and veterinarian contact details
- Diet: Food requirements, feeding schedule and restrictions
- Behaviour: Temperament, routines, quirks and known triggers
- Comfort items: Favourite toys, bowls, bedding and other familiar possessions
“By including these details in the clause, you make life easier for both your executor and your chosen caregiver,” says Venter.
She also recommends attaching a list or annexure that can be updated as your pet’s needs change without requiring formal amendments to your will.
“However,” she adds, “if your pet passes away before you do, or you welcome a new pet into your family, it’s best to update your will as soon as possible.”
Estate planning might not be the easiest subject to tackle, but deciding who should care for your pet, discussing the responsibility with that person and leaving clear instructions could make an enormous difference when you’re no longer there to make those decisions yourself.
Leave a comment