What Happens to Pets When the Owner Dies?

Pets can be the silent mourners when a person dies. They don't know why their favourite person isn't there anymore or what has happened. The fate of the deceased's pets may become unclear while friends and family cope with their loss and legal obligations. Unfortunately, if appropriate preparations weren't taken beforehand, animals can wind up in shelters or worse.

1. Who Takes the Pet?

Family members, neighbours, or friends are sometimes left to take care of pets in the hours or days after an owner passes away. Usually, this is an unofficial agreement where someone steps in to temporarily house, feed, or walk the animal.

However, there is no assurance that someone will assume responsibility in the absence of prior instructions or legal provisions. Animal control frequently takes pets and places them in shelters, particularly if the owner lived alone or had no family nearby.

2. Under the Law Pets Are Property 

In NSW pets are regarded as personal property similar to other possessions like furniture or jewellery. Under section 4(1) of the Succession Act 2006 (NSW) a property that a person is entitled to at the time of their death may be distributed by a Will. This implies that pets are managed in accordance with the Will, if one exists, and becomes a part of the deceased's estate.

If there is a Will:

• The pet may be directly gifted to someone
• Money may be left for the creature's upkeep
• An executor or trustee will be in charge of carrying out these wishes.

If there is no Will:

• The pet may be turned over to a shelter
• If no family member wants or can take it, then pets are divided up like other possessions and usually just given to whoever is willing to look after the pet.

3. The Worst-Case Situation: Euthanasia or Surrender

Unfortunately, pets may wind up in shelters if there is no clear plan and no one claims ownership of the pet. Pets who are older or have behavioural or health problems are frequently the least likely to be adopted and may be put down.

This is due to space and resource constraints, not a lack of concern on the part of shelters. You can avoid this result by planning beforehand.

4. How to Keep Your Pets Safe in the Event of Death

If you own a pet, you can take the following actions right now to ensure that your animals are taken care of if you pass away:

Select a Pet Guardian

Choose someone you trust who is ready, willing and able to look after your pet. It’s always best to have a conversation with them beforehand and check if they are agreeable to your request.
 

Put Your Pet in Your Will

You can even set aside money for your pet's care and designate a trustee for them. You can leave money to the trustee to cover the pet's costs, even though pets cannot inherit money directly.

Create a Pet Trust

A structure set up that provides money only for your pet's care is commonly referred to as a pet trust. It can also include information or about lifestyle, medical requirements, and diet.
 

Keep an Emergency Pet Card

In the event of an emergency, first responders will know you have pets at home. Provide the names and contact details of those who can act immediately.
Pets provide unconditional affection and friendship. We ought to see to it that they are taken care of when we can’t. Even if you are no longer able to care for your furry family members, you can make sure they are secure, loved, and taken care of with a little preparation.

Contact us for a free thirty-minute consultation with an estate planning lawyer.

Any information on this website is general in nature and should not be taken as personal legal advice. We recommend that you speak to a lawyer about your personal circumstances.

Photo by Chevanon Photography: