What happens to my pets if I die without a Will?
We all have reasons for not making a Will or having an Estate Plan. The main reasons I hear are:
“I do not have many assets.”
“I will be dead - someone else can sort out my Estate.”
“I will put it off until I am older.”
“I do not have any dependants (such as a spouse or children)”.
These may be valid reasons in some circumstances, but often people forget to consider their pets.
If you die, what happens to your furry family members who are dependent upon you? Who will care for your pets if you die without a Will (dying without a Will is legally known as dying intestate)?
If you have a pet that is smaller than a rabbit, or have more pets than Joe Exotic, making sure they’re included in your Will can provide you with comfort and certainty.
In Australia, in the eyes of the law, pets are viewed as personal property.
If you die without a Will, the state’s legislation you live in effectively writes a Will for you. For example, in Victoria, the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 outlines a formula of who the beneficiary(s) are for your Estate and in turn, who will inherit your pets.
This formula will differ dependent on which of your relatives are alive at the time of your death and what types of relatives you have (i.e., if you have siblings or not). In most cases, the line of beneficiaries is; your spouse and/or children; your parents; your siblings and so on, moving out to more remote relatives. The legislation moves through the order of your relatives until a beneficiary or beneficiaries can be found. In a small number of instances, if no beneficiary is found, the State of Victoria will be the owner of your pet!
If you die intestate, your pets may end up with a relative who is unwilling and/or unable to care for your pet after you die.
Even a willing relative may not be in a financial position to care for the pet/s, or their accommodation might not be suitable. Another thing to consider is that your pets may end up with a relative who you simply do not like, or you believe is unsuitable to care for your pets.
I have seen firsthand (and heard numerous anecdotes of) families fighting over who will get the deceased’s pet when the deceased has died intestate. Much of this uncertainty can be overcome by preparing a Will which specifies who you wish to care for your pet/s. There are a number of strategies relating to how a Will can be drafted to make provisions for the right person to care for your pets.
Written by Lawyer Mark Murnane
DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.
