PA LAW • WILLS & ESTATE PLANNING • SOUTH AUSTRALIA
Pets in your will deserve deliberate planning. If you die or suddenly cannot return home, someone needs to know immediately who will collect your pet, where its supplies are kept and how its long-term care should be arranged.
Who will care for your pets when you die?
Short answer: Decide on a willing primary carer and a backup, record the arrangement appropriately in your estate plan, consider how reasonable care costs will be funded, and keep immediate care instructions somewhere accessible. A will is important, but practical instructions should also be available before the executor can locate and act on it.
Can you provide for pets in your will in South Australia?
South Australian will-making guidance identifies deciding who will care for pets as an issue to consider when preparing a will. Planning pets in your will should be done carefully so that it appoints people, deals with money and property effectively, and gives the executor workable directions. Do not assume that simply writing a pet’s name beside a dollar amount will create a practical or enforceable arrangement.
A solicitor can discuss options suited to the animal, proposed carer, anticipated costs and the rest of your estate. The Legal Services Commission of South Australia also lists who will care for pets among the matters a will-maker may consider. Read its South Australian guidance about making a will.
Seven steps for pets in your will in South Australia
- Choose a primary carer. Ask the person in advance. Consider their housing, lifestyle, other animals, health and ability to meet your pet’s needs.
- Name a backup. Circumstances change. A second suitable person or an agreed animal-welfare organisation may prevent uncertainty if the first person cannot help.
- Identify each pet clearly. Record the pet’s name, species, breed, age, microchip details, veterinarian and any identifying information.
- Plan the funding. Estimate food, grooming, medication, insurance, boarding and veterinary expenses. Ask a solicitor how any financial provision should be structured.
- Prepare immediate instructions. Include feeding, medication, routines, behavioural needs, emergency contacts and the location of carriers, leads and supplies.
- Tell your executor and trusted contacts. They should know that animals may need attention immediately and where the care plan can be found.
- Review the plan. Update it if a pet, carer, address, veterinarian or financial position changes.
Why your will is only part of the pet-care plan
A pet cannot wait while relatives search for documents or an executor begins administering the estate. Keep a current care note in an obvious but secure place and give a copy to the proposed carer or another trusted person. Consider placing an emergency contact card in your wallet and saving the contact in your phone.
For pets in your will, the practical note can cover access to the home, feeding times, medication, allergies, veterinary details, insurance, microchip registration, temperament, favourite routines and what should happen if the chosen carer is unavailable. Review it regularly without making handwritten alterations to your signed will.
What should you discuss with the proposed pet carer?
- Whether the person genuinely agrees to take the pet.
- Whether their home, landlord or strata rules permit the animal.
- Whether the pet can live safely with children or other animals.
- Expected medical, behavioural and daily-care needs.
- What funding may be available and how it is intended to be used.
- Who should act if the carer becomes unable to continue.
Video transcript
0:00 [Music]
0:05 If you didn’t come home tomorrow, who would feed your dog, and who would care for them for the rest of their life?
0:15 We plan who inherits the house, savings and jewellery, but sometimes forget the family member waiting at the front door.
0:23 When preparing your will, discuss who should care for your pets, whether that person agrees, and what happens if they can’t.
0:31 Also consider how their food, vet bills and ongoing care will be funded. Keep practical care instructions accessible, too.
0:43 Someone needs to know what to do immediately.
0:47 When you plan for the people you love, remember the pets you love, too.
0:54 Contact us today to discuss including your pets in your estate planning.
Frequently asked questions about pets in your will
Can I leave money directly to my pet?
A pet cannot manage or give a valid receipt for money. The appropriate arrangement depends on the circumstances, so obtain advice about providing funds through a person or another suitable structure instead of attempting a direct gift to the animal.
Should the nominated pet carer be told?
Yes. Discuss the proposal before finalising the plan. A person’s willingness and circumstances may change, which is why a backup arrangement and regular review are important.
Should pet-care instructions be written into the will?
The will can address important legal arrangements, but detailed routines may change and the animal may need care before the will is located. Keep practical instructions separately and make sure trusted people know where to find them. A solicitor can advise which matters belong in the will.
What if I have several pets?
Identify each animal and consider whether they should remain together. Different pets may need different carers, funding or specialist care. Record a backup plan for every animal.
When should I update my pet estate plan?
Review it when you acquire or lose a pet, the chosen carer’s circumstances change, your pet develops new medical needs, you move house, or you otherwise review your will and estate planning.
Include your pets in your estate planning
PA Law assists clients in Gawler, Adelaide and across South Australia with wills and estate planning. We can help you document practical, legally effective arrangements that fit with the rest of your wishes.
Explore PA Law’s wills services Request an appointment Call 0431 614 696
This page provides general information only and does not create a solicitor-client relationship.