Only 1 in 4 Pet Owners Include Their Pets in Their Will, New Census Reveals

Only 26 % of people over 30 have provided for their pets in their Will, and 59% didn’t realise their pets are legally considered assets according to a recent census completed by Censuswide on behalf of The Association of Lifetime Lawyers.

This lack of awareness could leave thousands of beloved animals at risk when their owners pass away.

Are Pets Considered Property in a Will?

Yes. Under UK law, animals are generally considered property, or ‘chattels’. This means that a pet owner is free to care for their pet in any way they see fit (provided that this treatment does not cause unnecessary suffering). Animal owners are also able to sell their pet at any time. This is often beneficial and offers pet owners a lot freedom with how they deal with their pets.

While this legal definition allows flexibility for owners during their lifetime, it can create serious problems when the owner dies, especially if there’s no plan in place for who will take custody of the pet.

The Growing Importance of Pet Custody in Estate Planning

Animals are not capable of possessing money or property and therefore cannot be left anything to inherit in a Will. It is therefore essential that pet owners specify in their Will who they would like to care for their pet when they pass away. Once a pet owner has decided who will care for their pet, it is also possible for them to ring-fence money in their Will so that it can only be used for the continued care of the pet.

In addition, pet owners should recognise the importance of reviewing their Will regularly to ensure that it covers any new pets that may join them during their lifetime.

The Risks of Not Planning Ahead

Failing to make legal arrangements for your pet could result in:

• Unwanted pet custody outcomes (e.g. pets being passed to shelters)
• Family conflict or legal disputes
• Stress or trauma for your pet during an already difficult time

By acting now, you ensure your animal companions are protected and cared for in line with your wishes.

How to Legally Provide for Your Pet in a Will

At Browell Smith & Co. we understand the importance of keeping your pets safe and cared for when you pass away. That is why our specialist legal team are able to advise clients on all of the possible options regarding their pets, so that you can choose the best option for your particular situation. Contact our friendly team by phone 0191 691 3417 or email probate@browells.co.uk.