Awareness gap leaves pets out of UK wills

Awareness gap leaves pets out of UK wills

Legal experts warn of risks to animal welfare as most UK owners fail to plan for pets in their wills.

In the UK, nearly 6 in 10 (59%) adults over 30 are unaware that pets are legally considered assets in an estate, meaning they cannot directly inherit money or property, according to a report by Lifetime Lawyers, conducted by Censuswide.

However, to ensure pets are cared for after their owners pass away, provisions can be included in a will. Despite this option, only 26% of pet owners over 30 have made such arrangements.

“Many owners assume that friends or family will naturally step in to care for their animal if necessary,” Kirsty Limacher, Legal Consultant at The Association of Lifetime Lawyers, tells GlobalPETS. “People also avoid thinking about end-of-life plans, worry that updating a will is too hard or expensive, or aren’t sure who could look after their pet, all of which can lead to it being overlooked.”

In addition, Limacher notes that many people mistakenly believe that wills are only necessary for financial assets, while others delay planning altogether, thinking they are still too young or healthy to think about what would happen if they died.

Provisions for pets

Among the provisions that can be left for pets, there is a cash gift to a designated person. “A will can clearly outline who you want to take responsibility for your pet, and it’s essential to have a conversation with that person to make sure they are willing and able to take on the responsibility. You can leave instructions as to how you wish your pet to be cared for, including their dietary preferences, exercise routines and medical needs,” Limacher says.

“In some cases, you may also consider setting aside funds to help with the costs of your pet’s care, either a specific amount left to the person caring for them or by establishing a trust dedicated to their care,” she adds. A pet trust is a legal means of protecting a person’s property, money and investments.

“When you place assets into a trust, trustees are appointed to manage them according to your wishes, either during your lifetime or after your death,” according to MLP Law.

Meanwhile, Kew Law LLP Solicitors notes that caution and precision should be exercised when it comes to the wording of general gifts for pets in wills.

“For example, a monetary gift (e.g., £5,000) to your dog will fail, as animals cannot give a legal receipt to the executors or hold assets. Furthermore, it is important to ensure that you encompass any future pets you may have in your will,” it says.

According to Limacher, if pet owners leave the care of their furry friend unplanned, there is a real risk that pets could be left without proper care, ending up in shelters or with someone unprepared to look after them.

Spread the word

In legal practice, Limacher notes that there are no signs yet of pet-related estate planning becoming a distinct specialist area, similar to how pet insurance has evolved in the insurance industry.

“That said, many people consider their pets to be part of their family, and providing for them is important to consider as part of estate planning,” she says.

However, while there are no collaborations yet between legal professionals and the pet industry, Limacher says there is an opportunity for vets, insurers and even pet charities to help raise awareness and remind owners to make plans for their pets’ future.

“Some UK charities already offer rehoming schemes, which is a great support option if needed,” she adds.

These registered charities include the Royal Society for the Prevention of Cruelty to Animals (RSPCA), Blue Cross, Cats Protection, Dogs Trust and The Cinnamon Trust.

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