Does your will provide for your pets?
For many of us, pets are part of the family. But while people often carefully plan for their family, home, finances and personal possessions, pets can be overlooked in estate planning.
It is not always easy to think about, but if you have a much-loved animal, it is worth asking: what would happen to them if you died?
Pets and the law in New Zealand
In New Zealand, pets are treated as property for estate planning purposes. That can feel uncomfortable, particularly when most pet owners see their animals as companions rather than possessions. However, it has important practical consequences.
Because a pet cannot own property, you cannot leave money, your house, or other assets directly to your pet in your will. A clause leaving money “to my dog” or “to my cat” will not work in the same way as a gift to a person or charity.
What you can do is make clear who you would like to take ownership and care of your pet after your death. You can also leave money to that person to help with the costs of care.
Do not assume someone will step in
Many people assume that a family member or friend will take their pet if something happens. That may be true, but it should not be left to chance.
The person you have in mind may not be able to take on the responsibility. They may be renting, have allergies, already have pets, have young children, live overseas, or simply not be in a position to provide the care your pet needs.
The best starting point is a conversation. Ask the person directly whether they would be willing and able to care for your pet. It is also sensible to name a backup person in your will, in case your first choice is unwilling or unable to act if the time comes.
What should your will say?
Your will can include a clause nominating someone to care for any pets you own at the date of your death.
It may also include a gift of money to that person to help with expenses such as food, grooming, insurance, boarding, medication and vet bills.
Leave practical care instructions
Your will does not need to include every detail of your pet’s day-to-day routine. In many cases, it is better to keep the will itself clear and concise and record the practical information separately in a statement of wishes or care note.
That care note could include your pet’s diet, medication, vet details, insurance information, routines, behavioural issues, and any other details that would help someone care for them properly.
These details can make a real difference, especially for older animals, animals with medical needs, or pets who are very attached to a particular routine.
What if there is no suitable person?
There are other options for those who do not have a family member or friend who can care for your pet.
Some animal charities and welfare organisations provide information about gifts in wills or arrangements that may help animals in need. Others may be able to assist with rehoming, depending on their policies and capacity at the time.
If this is something you want to explore, it is important to check the organisation’s requirements directly, discuss the arrangement with the organisation and make sure your will is drafted consistently with those arrangements.
A small step that can prevent uncertainty
Making provision for your pet is a practical and thoughtful part of estate planning. It gives your family and executor clear guidance, reduces the risk of disagreement, and helps ensure your pet is cared for in the way you would want.
If you already have a will, it may be worth checking whether it deals with your pets properly and is still applicable to you and your pets’ circumstances. If you do not have a will, this is one more reason to put one in place.
At Godfreys Law, we can help you prepare or update your will so that the people, property and pets that matter to you are properly provided for.
Real People. Real Solutions.
This article is general information only and is not legal advice specific to your circumstances. If you would like advice about your will or estate planning, please contact our team.
