Colin Wong
Pets are part of the family. Writing a will can make sure they're cared for after you die.
The US is a nation of animal lovers—around 70% of American households own at least one pet. Yet despite the love and care most of us give our animals throughout their lives, many pet owners overlook the importance of making provisions for them in their will.
Here's why it matters and how to do it.
Why include pets in your will?
If you don't make plans for your pets in your will, it may not be clear who should care for them after you die. This can cause emotional stress for the people you leave behind and delay your pet finding a stable, loving home.
In some cases, pets can end up in a shelter or with carers who lack the means, ability, or desire to properly look after them.
By including your pet in your will, you can designate an appropriate carer and even set aside funds for their ongoing care—giving yourself peace of mind and helping ensure your beloved companion continues to live a happy life.
How to include pets in your will
Pets are considered property under the law, which means they can't be named as beneficiaries in a will. However, there are several ways to make meaningful provisions for their future.
Name who should take them
You can say in your will who you’d like to take your pets. This isn’t a guardianship, and you can’t compel anybody to take on an animal. What it does is make your wishes clear to the people you leave behind. Speak with your chosen person in advance to confirm they’re willing and able to take on the responsibility.
Leave them to a beneficiary
Because pets are legally considered property, you can leave them to a specific beneficiary in your will. That person will inherit your pets and take on responsibility for their care. Again, it's worth having that conversation with them beforehand.
Pledge a monetary gift
You can include a cash gift in your will for the person who will be caring for your pet, to help cover future veterinary costs, food, and other expenses. A gift like this is theirs once they receive it, so it relies on trust.
Create a pet trust
Every state and the District of Columbia now has a pet trust law, according to the ASPCA. A pet trust is a fund set aside for your pet’s care, managed by a trustee you name. Unlike an informal instruction, a pet trust can be legally enforced, which gives more assurance that the money is spent the way you intended. Some states cap how much you can put in one.
Majel Barrett-Roddenberry, widow of Star Trek creator Gene Roddenberry, left a $4 million trust for the couple’s dogs, CNN reported, plus $1 million to the employee who cared for them.
Leave care instructions
Your will can also include practical information about your pet’s needs, such as which veterinarian they see, any dietary restrictions or allergies, and tips for keeping them happy and calm. This kind of detail can make a real difference for whoever takes over their care.
Taking the next step
You can write or update your will online with EveryWill, and it costs you nothing. Charities cover the cost, and you can choose to leave a gift to one if it feels right.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws vary by state. For advice specific to your situation, please consult a licensed attorney in your state.