Paws for thought – what happens to your furry children when you pass away?

An estimated 1.4 million South African pet owners do not have a valid will. Part of caring for our faithful furries is ensuring they are looked after when we are not around to do so ourselves. Elmarie de Vos is a Trust Administrator with leading wills and estates specialists, Capital Legacy. Here, she answers five of the most common questions from pet owners.

Can you write your pets’ care into your will?

Yes, in your will you are free to note, for example, that your Labrador, Bella, must be placed in the care of your brother, Brian, but this is only a wish and cannot be enforced by law. Nor can anyone be forced to take on the responsibility of caring for a pet if they are not willing or able to do so. So, in your will you can indicate who you want your fur babies to be placed with in the event of your death, but it is not legally binding. That’s why it is far more important and effective to ask a trusted, animal-loving friend or family member to be responsible for their care, in the event that you pass away (also see next two answers).

Should pets be specified in your will?

Your last will and testament is a legal document that includes your final wishes, to be carried out after you pass away. So, should Max the Staffie or Luna the Siamese specifically be named in your will? It might surprise you to hear that you should not put lots of detail in your will – the simplest wills are often the best wills because they lead to fewer delays in the deceased estate administration process. In a legal sense, for the purposes of drafting your will, it is useful to understand that pets are not considered property, like a residential home or a vehicle. (Unless the deceased was a breeder whose animals were registered, for example with the Kennel Union of Southern Africa or a similar institution. This would enable the executor of the estate to establish the value of such a pet. But this would be the exception, not the rule.) To avoid having to update your will constantly, it is therefore advisable to state simply that your pets should go to whoever you have asked to look after them, without stating the pets’ names, breeds and ages. It is a good idea, however, to name the person who has agreed to look after them. It could speed up their rehoming and enable them to settle in sooner if the executor of your will does not have to track the person down.

Is it sufficient simply to ask a person to care for a pet after an owner passes away?

Yes, it is. In fact, this is crucial to ensuring your pets’ care after you pass away – more so than mentioning them in your will. If you don’t make a practical arrangement with a person who is willing and able to care for your pets, they could end up at an animal charity. If you do not mention your pets in your will, your heirs or beneficiaries will have to make the decisions about what to do with them at a very challenging time in their lives, adding to their emotional trauma. If your loved ones do not know what your wishes are, it could lead to delays, confusion and even disagreements, compromising the care of your pets. So, even though these conversations may feel uncomfortable, talk to your loved ones and agree who will look after your furry family members in the event that you pass away.

What if no-one can take the pet?

If could happen that a person is willing to take on the responsibility of caring for an animal after its owner passes away, but circumstances could preclude them from doing so. For example, the friend or family member who is nominated in the will resides in a Sectional Title complex where pets are not allowed, or they have moved to a smaller place that is not suited to keeping a large dog or multiple cats. In these instances, and if Capital Legacy has been appointed as executor of the deceased estate in the person’s will, we would ask them to get in touch with the SPCA so that arrangements can be made to rehome the pet. Other animal welfare charities we work with regularly include the Guide Dog Association and Paws.

What’s the best advice for pet owners who want to ensure their pets are looked after?

With pets it’s a lot like being an organ donor: It’s more important to communicate your wishes to your loved ones while you’re alive than to write it down as part of an official document like a last will and testament. The same goes for pets because whatever wishes you put in your will, they are only ever that – wishes – and cannot be enforced by law. So, rather make sure your loved ones know what you prefer and then everyone can enjoy peace of mind.

For expert advice on estate planning – including securing your legacy and your furry children’s future care – contact Capital Legacy today. Drafting, amendments, collection, safekeeping and retrieval of your will are all FREE.