News New Pet Owners Urged To Update Wills

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New pet owners urged to update wills
23rd April 2021

By Justine Thompson

Lawyers are encouraging owners who may have acquired a new pet during lockdown to update their wills to cover the latest addition to the family.

The surge in pet-owning homes takes the total to 17 million nationally, according to the Pet Food Manufacturers’ Association, and lawyers say owners should make sure these animals are provided for.

Private capital expert Paul Davies, from national law firm Clarke Willmott LLP, says adding a pet to your will is simple and can save your loved ones from a lot of stress later down the line.

BIG DECISION

“Everyone knows that a pet is not just for Christmas and it’s not just for lockdown either! Taking ownership of a pet is a big decision and part of that is considering what would happen to your pet when you die,” said Paul.

“A pet can be left under the terms of your will and there are various options available. The most formal is a trust in the owner’s will with trustees given a sum of money to provide for the pet’s care and asked to find a home for them. This needs to be carefully drafted by a legal expert.

“Another option is to give the pet to an individual in the will with a request that they provide a home for the pet. The request would not be legally binding so thought would have to be given as to what happens if the person can’t or won’t look after the pet.

LETTER OF WISHES

“The least formal option is a letter of wishes accompanying the will, setting out how you would like the executors to deal with your pet. This can be updated without changing the will but is not legally binding, although it would have moral force.

“It might also be possible to ask a charity to rehome your pet. For example, the Dogs’ Trust operates a scheme whereby the owner completes a canine care card. Someone is chosen by the owner as the ‘dog guardian’, who can pass over ownership of the dog to the Dogs’ Trust, which will then attempt to find a new home.

“One of your executors may be the best choice of dog guardian and it would be a good idea to include these instructions in your will. The owner might like to leave a legacy to the charity re-homing the pet. A similar service for cats is offered by Cats’ Protection and both charities pledge never to put down an animal because a new home can’t be found.”
 
For more information visit www.clarkewillmott.com/which-will/