It is estimated that the global pet population is around 1 billion and just over 50% of the population of the United Kingdom own a pet.
It is not surprising, therefore, to hear stories of people leaving considerable sums to their beloved animals.
A brief search of google and you can very quickly find stories of ‘blackie’ the cat of an antiques dealer who was left over £7 million or ‘tommaso’ the once stray Italian cat from Rome belonging to Maria Assunta being left a fortune in excess of $10 million.
It is even reported that pop star Michael Jackson left the sum of $2 million to his chimpanzee bubbles.
However, despite being a nation of animal lovers a recent poll conducted by Censuswide reported that 59% of UK adults over the age of 30 were unaware that animals cannot inherit money or property.
So, in these circumstances, what can you do to protect the welfare of your furry (or possibly not) loved ones upon your death?
A straightforward gift of an animal in a Will in the hope that, upon death, your wishes are honoured is, one would think, the most obvious solution. This is not, however, always guaranteed.
A beneficiary can always change their mind or, through no faut of their own, a beneficiary’s circumstances may have changed. What if they lose their job, for example, or have downsized to a smaller house and simply cannot accommodate an animal. Even if they wanted to, it may no longer be possible to look after an animal and they may disclaim it.
So, are there any other options instead?
In theory one possibility could be to set up a trust which leaves funds to the trustees for the purposes of caring for animal.
For the simple reason there are no legally recognised beneficiaries available to enforce its terms English law does not, generally, allow these private ‘purpose’ trusts but there is an exception to this rule where the trust is setup with the purpose of benefiting animals.
In the decision of Re Dean (1889) for example, which involved a gift in trust to the testator’s various animals, the Court declined to find the trust invalid just because there was nobody to compel its performance.
The suitability of this trust will, however, require careful consideration because a trust of this nature has to be limited to certain number of years and, it is probably fair to say, this type of trust can be troublesome for various reasons.
Another option could be to leave a gift of cash to a natural person alongside your pet. It could be a condition of a gift that the beneficiary undertakes to look after your pet but careful drafting would be necessary to account for changes in circumstances.
For example, what happens if between making the will and the testator’s death, the animal in question dies. There are, of course, also no guarantees that the money received will go towards the welfare of the animal.
Alternatively (but by no means the last option) you could consider leaving your pet to a animal charity. There are many animal charities like Woodgreen Pets Charity that offer schemes such as ‘Pet Promise’. Under these scheme, if you pass away, the charities promise to care for your animal at a time when you are no longer able to.
How we can help
If you not yet made a Will but want to safeguard the welfare of your pet then it is important that you seek specialist legal advice so that provision can be made that is tailored to your individual circumstances and wishes.
Alternatively, you may already have a Will but have you since got a pet and have you updated it to protect them?
At Colman Coyle we have considerable experience in Will Writing and advising on the creation of trusts. All creatures great and small we are well placed to advise you on the options available to you and if you like to discuss any of the issues raised here you should not hesitate in contacting Adam Palmer or Patrick Green of our Private Client Team at adam.palmer@colmancoyle.com or patrick.green@colmancoyle.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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