Paw-sitive Planning in Your Will

2 October, 2025 4 minutes reading time

Ensuring Your Pet’s Future

We all regard our pets as family. They offer steadfast companionship, a listening ear, and unconditional love. Yet, although they occupy a priceless place in our hearts, UK law legally treats pets as personal property—akin to furniture or jewellery.

This legal classification means your beloved dog, cat, parrot, or horse cannot directly inherit money or assets from your Will. So, what happens to them when you’re no longer here? Without a specific legal arrangement, their future is left to chance. This could mean their care depends on the uncertain goodwill of your next of kin or, in the worst case, an animal shelter.

If you are one of the many UK pet owners, including a provision for your pet in your Will isn’t just a kind gesture—it’s a vital part of responsible estate planning. Since a pet can’t be a beneficiary, your Will must be structured differently to secure their lifelong care. Here are the three most common methods used:

Option One: Appoint a Guardian and Make a Conditional Gift

This is the simplest and most common approach:

Name a Pet Guardian

Your Will can clearly specify who you wish to take ownership and care of your pet (e.g., “I give my cat, Whiskers, to Jane Doe…”). This legal clause transfers ownership of the pet (the ‘property’) to a designated person.

NB: Always discuss this with the person you have chosen first. Make sure they are willing and financially able to undertake this long-term responsibility, and appoint a backup guardian in case they cannot meet their obligations.

Leave a Financial Legacy

You can specify an amount of money to be given to the named guardian to help cover the ongoing costs of your pet’s care (food, vet bills, insurance, etc.).

NB: Be aware that once the gift is made, the guardian is generally not legally obliged to spend the money exclusively on the pet. Therefore, you must place a great deal of trust in the named individual using this method.

Option Two: Establish a Pet Trust (Trusts of Imperfect Obligation)

A Pet Trust could be your best choice if you have a substantial estate, an expensive animal (such as a horse), or desire greater control over the funds.

• Trustees oversee a designated sum of money held in a trust.

• The trust deed states that the Trustees must utilise the funds exclusively for the care and maintenance of your pet.

• The trust should have a definite end date, usually the death of the pet, and is generally limited to a maximum of 21 years under UK law.

• Although more complex and expensive to establish, a Pet Trust provides the strongest legal assurance that the funds will be used as intended.

Option Three: Use an Animal Welfare Charity Scheme

Many major UK charities, like the RSPCA, Dogs Trust (Canine Care Card), and Cats Protection, offer rehoming services.

• By enrolling in their scheme and including the charity in your Will, you legally transfer your pet to them after your death.

• The charity will then find your pet a suitable new home. It is common to leave a financial donation to the charity to support this work.

• This is an excellent option if you don’t have a friend or family member who can take on your pet.

Letter of Wishes

Regardless of which method you choose, a Will is not the place for detailed daily instructions. Instead, your solicitor can help you draft a Letter of Wishes to accompany your Will.

Although this document is not legally binding, it provides invaluable guidance to your pet’s new caregiver, covering:

• Daily routine and exercise.

• Dietary needs and favourite foods.

• Medical history, current medication, and veterinary details.

• Favourite toys, habits, and personality quirks.

Ultimately, this letter helps make your pet’s transition smooth, so they can carry on their new life with the same love and caring they have always known from you.

Our Advice

Failing to plan for your pets can cause issues for your family during difficult times. Including a clear clause in your Will can provide peace of mind. It can also help prevent disputes and ensure your pets are cared for. Furthermore, it’s wise to consider future pets. Even if you don’t have any now, you can prepare by carefully wording your Will. This way, any pets you acquire later will be loved and looked after as you wish.

If you need further information or advice about structuring your Will, please don’t hesitate to contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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