Gifting pets in Wills: Understanding the law and your options
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A guest blog by Lucy-Allena McIlroy, Associate Solicitor in the Will, Trust and Estate Disputes team at Irwin Mitchell.
When it comes to estate planning, many people include provisions in their Wills to ensure the welfare of their loved ones, including their beloved pets. Gifting pets in your Will is a heartfelt gesture, but it's essential to understand the legal considerations involved.
This article aims to shed light on the English & Welsh laws surrounding gifting pets in your Will, providing you with the necessary information to make informed decisions.
Pets as Property
Under English & Welsh law, pets are currently considered property rather than individuals with legal rights, although there have been calls to reform the law to change how pets are treated.
This means that pets cannot currently be named as direct beneficiaries of a Will. Instead, you can arrange for their care and welfare after your death.
Appointing a Pet Guardian
To ensure your pets are well-cared for, you can appoint a trusted individual as a pet guardian in your Will. This person will be responsible for taking care of your pets and making decisions regarding their health, welfare, and general needs.
It is crucial to have open discussions with the chosen guardian to ensure their willingness and ability to take on this responsibility; you should bear in mind that the person you appoint cannot be compelled to accept your pet, so you might want to consider making a gift to an animal charity which is contingent on that charity taking care of or rehoming your pet.
Providing Financial Support
While pets cannot directly inherit money or property, you can allocate funds in your Will to support their future care.
You may consider leaving a specific sum of money to a person or to a charity entrusted with their care or you might explore establishing a trust dedicated to covering the costs associated with your pet's wellbeing, such as veterinary care, food, grooming, and any other necessary expenses.
Regular Updates
To ensure your pet's ongoing care aligns with your wishes, it is advisable to review and update your Will periodically. Circumstances may change, such as the availability or suitability of your chosen pet guardian.
By keeping your Will up to date, you can try to ensure that your beloved pets will be looked after according to your wishes.
Alternative Plans
While it's comforting to have a pet guardian appointed in your Will, it's essential to have alternative plans in place. Life can be unpredictable, and circumstances may change unexpectedly.
By identifying backup options and discussing them with trusted individuals, you can provide a safety net for your pets if your original arrangements fall through.
Disputes about who receives someone’s pet can arise when multiple parties want to be entrusted with the care of the animal, especially if the deceased didn’t leave clear instructions. Family members, friends, or neighbours might all wish to claim the pet, leading to conflicts - but on the other hand family members might not feel equipped to care for the pet, despite the owner’s wishes; these disputes can become emotionally charged.
Gifting pets in your Will can offer peace of mind, knowing that your furry friends will be cared for in the event of your death. By appointing a pet guardian and making financial provisions, you can take steps to ensure your pet’s ongoing welfare.
In the event you do not have someone who could look after your pet with certainty, including a gift to an animal charity in your Will, with instructions for them to care for or rehome your pet helps ensure your pet is cared for if you have no family members to do so. While it’s not an absolute guarantee, it significantly increases the likelihood that your pet will find a suitable new home. Additionally, you may wish to leave a legacy to the charity which is sufficient not only to meet your own pet’s needs until they are rehomed, but to also support the charity’s mission and ongoing efforts to rescue and rehome other animals in need.
Remember to regularly review and update your Will, and consider alternative plans to safeguard your pets' future. You should seek legal advice to ensure your wishes align with English & Welsh laws and regulations regarding pet gifting in wills and if there is a dispute regarding the custody of a pet or the management of any trust created for them, you should consult a contentious probate specialist.
About the author
Lucy-Allena McIlroy is an Associate Solicitor in the Will, Trust and Estate Disputes team, based in Irwin Mitchell’s Manchester office. She specialises in a wide range of complex and sensitive disputes involving estates, wills, and trusts, acting for private individuals across the country in both advancing and defending claims.
Lucy has been recognised across the legal industry; as an “Associate to Watch” in Chambers 2025, as well as shortlisting for multiple awards including Solicitor of the Year (Manchester Legal Awards 2024 and 2025), Lawyer of the Year (Made in Manchester Awards 2024), and Young Lawyer of the Year (Insider’s North West Young Professionals Awards 2025).