Over 50% of pet owners surveyed by NSW Trustee and Guardian said they viewed their pet as part of their family, and yet few of us realise we can make provisions for our pets in our Will. NSW Trustee and Guardian estimate only one in 50 people make provisions for their pets in their Will, and we’d like this to change.
Pets are considered property under the law in Australia and while a pet cannot receive a gift from a Will, you can still ensure your pet is provided for. Trusts for the maintenance of pets are becoming increasingly popular. However, because of the legal rules if you want to make provision for your pet in a trust it is important you seek professional advice. An executor must be appointed for your Will and be prepared to carry out the terms of such trust, which can be complicated.
Another way of making provisions is to make a gift of your pet and a monetary legacy for their care to a person or to an animal charity such as the RSPCA, that will organise rehoming for your pet.
To ensure that your pet receives the best protection we recommend you seek professional legal advice from NSW Trustee and Guardian and speak to one of our staff who have vast experience in drafting such provisions and administering estates where pets are included. For more information have a look at our Pet Brochure here (PDF 754.15KB) or, to book an appointment please see our website.
