Can You Include Pets in Your Will?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Common Contentious Probate Disputes About Pets

Pets are more than companions – they are family. Many owners naturally want to protect their pets after their death, but English law has specific rules about inheritance. Firstly, pets cannot receive a direct inheritance. This is because animals are classed as property. So, when it comes to your pet, it’s advisable to clearly state a caregiver for your pet and a specific amount.

However, contentious probate disputes may arise if it’s suspected the funds left to care for your pet are not being properly allocated and used. Or, there may be disagreements over who should care for the pet if the named caregiver cannot. Our blog has all the information for you to provide for your pets and how to protect your pet after you’ve gone.

Why Cannot Pets Inherit Directly?

Many pet owners assume that pets can receive a direct inheritance, but in England and Wales, this is not possible as animals are are not classed as legal persons. Only humans or recognised entities, such as charities or trusts, can legally inherit money or property.

For example, a clause like “I leave £10,000 to my dog Max” will not be enforceable. The estate will instead go to human beneficiaries named in your will or follow intestacy rules if no will exists.

However, there are ways to ensure your pet is cared for financially after your death.

How to Provide for Pets in Your Will

Even though pets cannot inherit directly, you can make legal provisions for their care. The most effective methods include:

1. Appoint a Caregiver and Leave Funds

You can leave money to a trusted friend or family member with instructions to use it for your pet’s care. For example:

“I leave £5,000 to my sister Jane Smith to be used solely for the care of my cat, Whiskers.”

While this is a common approach, it relies on the honesty of the caregiver. There is no legal obligation for them to follow your instructions, only a moral one.

 2. Create a Pet Trust

A pet trust is a legal structure where a trustee manages funds specifically for the pet’s care. This allows you to:

• Specify how much money is allocated
• Outline covered expenses (food, vet bills, grooming)
• Appoint caregivers and trustees

Trustees are legally required to follow your instructions, providing strong protection for your pet. Pet trusts are recognised in English law, though they are less common than in other countries.

 3. Include Detailed Instructions in Your Will

Even without funds or a trust, you can provide instructions for your pet’s care in your will. These instructions guide executors and potential caregivers, helping ensure your pet’s well-being. While not legally binding, they reduce uncertainty and show your wishes clearly.

Can Pets Form Part of Contentious Probate Claims?

Pets themselves cannot inherit and therefore cannot be claimants in probate disputes. However, funds or arrangements intended for pets can be involved in contentious probate claims.

What Is Contentious Probate?

Contentious probate arises when disagreements occur over the validity or interpretation of a will. This can include:

• Alleged undue influence or fraud
• Questions about the testator’s mental capacity
• Ambiguous clauses
• Mismanagement by beneficiaries or trustees

If someone disputes how funds left for a pet’s care are used, legal action may arise.

Examples of Pet-Related Disputes

Disputes usually involve humans rather than pets, such as:

• A caregiver not using the funds for the pet’s benefit
• Disagreement can erupt over who should care for the pet if the named caregiver cannot
• Executors failing to distribute funds properly

Clear instructions and legal safeguards, such as pet trusts, can minimise these disputes.

Practical Tips for Protecting Your Pet

To ensure your pet is properly cared for and reduce legal disputes, follow these steps:

1. Choose a Responsible Caregiver

Select someone trustworthy and willing to take on the responsibility of caring for your pet and talk to them about it to make sure they are willing to care for your pet.

2. Specify Funds Clearly

State the exact amount of money allocated and what it should cover. Avoid vague terms such as “reasonable expenses”.

3. Consider a Pet Trust

A pet trust is the most secure legal option, particularly for large estates or complex care requirements.

4. Include Alternate Caregivers

Identify backup caregivers in case the primary caregiver cannot assume responsibility.

5. Communicate Your Wishes

Tell your chosen caregiver and close family members about your plans. Transparency reduces potential disputes.

Why Legal Advice Is Important

Drafting a will that provides for pets can be complicated. A solicitor experienced in wills and probate can help you. But, if a loved one has died and there is a will dispute over a pet, it’s advisable to speak to an experienced contentious probate solicitor who is used to dealing with disputes and conflicts in wills.

Need Help Today?

While pets cannot inherit directly in England and Wales, careful planning allows you to provide for their care. By naming a caregiver, creating a pet trust, and specifying funds and instructions in your will, you can protect your pets and minimise disputes.

However, pet-related probate disputes can occur – especially if funds are mismanaged or the chosen caregiver declines to care for the pet.

Our panel of highly experienced contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ agreements, along with other flexible funding.

Our team will give you the support and understanding you need. Call us at 0330 818 0348 or visit our Contact Us Page.