What happens to your pets when you die?

For many people, pets are part of the family. They are part of daily routines and often a source of comfort. Despite their importance, many pet owners never consider what would happen to their animals if they were no longer around or how their will should deal with them.

Pets and the law in England and Wales

Under the law in England and Wales, pets are classed as personal property. Your dog, cat, or other animal is treated in much the same way as a car or piece of furniture when you die.

If your will does not make specific provision for your pet, they form part of your estate. Responsibility for them will usually fall to your executors, who must decide what happens to them while the estate is being administered.

That process can take time. During that period, there may be uncertainty about where your pet will live or who will care for them.

Can you leave money to your pet?

This is a common question. The short answer is no. Animals cannot own money or property.

You can, however, leave money for the future care of your pet. When creating your will, you can arrange for funds to be used as intended, giving you reassurance that your pet will be provided for throughout their life.

Including pets in your will

The most effective way to protect your pet is to make clear arrangements in your will. These do not need to be complicated and will usually involve:

• Appointing a pet guardian.
• Leaving money for their care.
• Creating a letter of wishes and instructions.

Naming a pet guardian

You can appoint a specific person to take responsibility for your pet after your death. This is often referred to as a pet guardian. It is important to speak to this person in advance to ensure they are willing and able to take on the role.

It is also sensible to name a backup guardian in case your first choice is unable to act when the time comes.

Not everyone will have someone who can take on this role. In those circumstances, charities such as Dogs Trust, Cats Protection, and the RSPCA offer home-for-life schemes that can provide support.

Leaving money for their care

Pets cannot inherit money directly, but you can leave funds to the person caring for them to help cover the cost of looking after your pet. This may include food, insurance, veterinary treatment, and other ongoing expenses.

For some, this may be a straightforward cash gift to the pet guardian alongside a letter of wishes explaining how the money should be used. There is no legal obligation on the guardian to use those funds in that way.

Others prefer a more structured approach, such as setting up a pet trust. This allows money to be set aside specifically for your pet’s benefit, with the funds managed by trustees.

Setting out your wishes

A letter of wishes alongside a pet clause might include:

• Who your pet should live with.
• Any medical conditions, routines, or dietary needs.

Although not legally binding, these instructions provide valuable guidance to those responsible for your pet’s care.

Why planning matters

Disagreements about pets are more common than many people realise. Without clear instructions, decisions may be made based on convenience rather than what is best for the animal.

A carefully drafted will can:

• Provide certainty and peace of mind.
• Reduce stress for family and friends.
• Help ensure your pet continues to be properly cared for.

From a legal perspective, pets may be treated as property, but for their owners, they are far more than that.

Protecting your pet as part of your will planning

Thinking about life after death is never easy, but planning for your pet’s future is an act of care and responsibility. With the right advice, you can ensure your wishes are clear and your pet is protected.

Nicole Hoddinott, partner and solicitor, explains:

“Many clients assume their family will deal with things informally, but without clear instructions in a will, that is not always straightforward. Taking simple steps now can make a significant difference to your pet’s future and avoid unnecessary stress for those left behind.”

A will is not just about money and assets. It is about looking after those who depend on you, including the ones with four legs. 

Our private client solicitors regularly advise on preparing and updating wills that include provisions for pets. Whether you are making a will for the first time or amending an existing one, we can help ensure your wishes are clearly documented and legally robust.