Pets in Your Will, Who'll Care for Them?

Quick summary: In law, pets are personal possessions, in the same way as your car or your furniture. You can't leave money to an animal, but your Will can name the person you'd like to look after them, leave that person a gift to cover the cost, and record how you'd like your pet cared for.

Without that, your pet simply passes with the rest of your belongings. If your Will doesn't mention them, they go to whoever inherits your possessions, and your executors are left to sort out the practical side. If you have no Will at all, the rules of intestacy decide, which usually means your husband, wife or civil partner, or failing that your children or other relatives. That person may not be able to take on a dog, a cat or a horse, or may not want to.

It matters most if you live alone, or if you're not married. An unmarried partner has no automatic right to inherit from you under those rules, and that includes your pets.

A good plan has three parts, and we cover all of them when we take your Will instructions:

Talk to the person first. Caring for someone else's pet for the rest of its life is a real commitment, so it's worth an honest conversation before you name them.

Their circumstances. Do they have the space, the time and the health for your pet? A lively young dog, a cat that has never lived with other animals and a horse that needs grazing and livery all ask different things of a carer.

Your pet's age. Many cats and dogs live into their teens, horses often reach 25 or more, and parrots and tortoises can outlive their owners by decades. Think about who could still be caring for them years from now.

A back-up. Name a second choice in case your first can't help when the time comes.

If there's no one suitable, you can leave the decision to your executors, with guidance on what you'd like, or register your pet with a charity rehoming scheme as a fallback. Dogs Trust's Canine Care Card, Cats Protection's Cat Guardians and Blue Cross's Pet Peace of Mind service are all free, and each will take your pet into its care and find them a new home. We can word your Will to fit with any of them.

An animal can't own anything, so money can't be left to your pet itself. The usual approach is to leave your pet to the person you've chosen, together with a cash gift and a note of what it's for. It's simple, and it works well when you trust the carer.

To arrive at a sensible figure, think about a year's food, insurance, vaccinations and boarding, multiplied by the years your pet might have left, with something extra for vet bills in older age.

For a larger sum, or a long-lived animal such as a horse, you can set up a trust in your Will instead. Trustees hold the money and pay for your pet's care as it's needed, and anything left over passes to whoever you choose. Under English law a trust for an animal can last no more than 21 years, so we draft it to end then or when your pet dies, whichever comes first.

Your Will deals with who and how much. The day-to-day detail is better kept in a letter of wishes, which sits alongside your Will and can be updated whenever things change, without rewriting the Will itself. It isn't legally binding, but it gives your pet's carer everything they need. It's worth including:

A Will only takes effect when you die. If you're taken into hospital, or need to move into a care home, your pet still needs feeding, walking and looking after, and that can happen without warning.

A Lasting Power of Attorney for property and financial affairs lets the people you trust use your money to pay for your pet's care, from boarding and dog walkers to vet bills, if you can't manage it yourself. You can also note your wishes about your pet in the preferences section of the LPA, so your attorneys know what you'd want.

For the first few hours, it helps to carry a card in your purse or wallet saying you have a pet at home and who to call, and to make sure a friend or neighbour has a key. Dogs Trust's Canine Care Card, for example, comes as a wallet card.