If you’re a pet owner, you might be surprised to learn that, when you die, your pet is considered “property”.

Essentially, that means your executors – or the courts, if you die without a will in place – don’t need to consider a pet’s welfare or existing bonds, and will treat a domestic animal in the same way as an inanimate object in your estate.

Although a movement is underway to attempt to change this, it’s important to consider provision for your pet(s) in your will, setting out your individual wishes for their care after you die.

Read on to find out why, and your options for caring for your furry friend after you pass away.

A new petition aims to bring the law up to date with modern views on pet ownership

In April, Today’s Wills & Probate reported on a petition that hopes to reform the rules around pet ownership. Quickly gathering traction after it was launched, the petition has caught the attention of pet owners, legal professionals, and animal welfare advocates alike.

The 2024 National Dog Survey, carried out by Dogs Trust, found that 99% of dog owners view their dogs as family, with 89% saying their dog provides them with emotional support.

So, the petition is asking for the law to make changes that better reflect these views of pet ownership.

These include:

  • Making a pet’s welfare the paramount consideration in a court case
  • Recognising a pet’s true value to its owner, not the market price
  • Requiring court cases involving pets to be expedited.

However, this is not currently the case. As a result, pet owners need to be aware that, until or unless legislation changes, the best course of action is to make your wishes completely clear in your will.

This is especially the case if you live alone. If you live with family when you die, then pet ownership will pass directly onto them, assuming they are willing and happy to take on the responsibility.

The older you are, the more important it is to consider your pet, too. The Dogs Trust survey found that 37% of respondents over 75 had no one to care for their dog for a week, putting into perspective how important it is to find someone to look after a pet for their lifetime.

Nominate the best person or charity to care for your pet in your will, including financial provision if possible

Thinking about who would care for your pet after you die is part of being a responsible pet owner. While there are hopes of legislation changing, pets are still considered property in the eyes of the law, so you need to be clear about your wishes.

As it stands, if you die without referencing your pet in your will or leaving an indication of your wishes, then your executors will need to decide what will happen to them.

Fortunately, there are plenty of options to help. Here are four things to consider when making provision for your pet:

1. Choose a trusted family member or friend

It could be that you have someone in mind, but check with them first to make sure they’d be happy to rehome your pet.

Worth noting is that even if you name someone in your will, they won’t be legally obliged to take care of your pet, or their circumstances could change. So, it’s always a good idea to name a second person as a contingency.

2. Nominate a charity

If you don’t have anyone you feel you could ask to take your pet, there are lots of charities that will help to rehome your pet.

Three of the biggest options in the UK are:

3. Write a letter of wishes

This is a non-legal document separate to your will that allows you to add detail and personal preferences. Here, you could include your pet’s likes and dislikes, their favourite food, and anything else that could help them settle more quickly into their new home.

4. Consider making a financial arrangement

Pets can be expensive to care for, with food, vet bills, and vaccinations all adding up. You can leave a financial provision to cover this to the person you’ve nominated to care for your pet – with the stipulation that this is exclusively for pet care costs.

Get in touch

If you’d like to talk to us about making a plan for your wealth to benefit the next generation, whether that’s children, grandchildren, or your pets, please get in touch.

Email hello@intelligentpensions.com or call 0800 077 8807.

Please note

This article is for general information only and does not constitute advice. The information is aimed at retail clients only.

All information is correct at the time of writing and is subject to change in the future.

The Financial Conduct Authority does not regulate estate planning or will writing.