What Happens to My Pet When I Die? Providing for Your Pet in Your Will
If you don't make legal provisions for your pet, their care after your death can become unclear, delayed, or even contested among family members. The good news is that a few simple additions to your Will — naming a caregiver, making financial provision for their care, and preparing a Statement of Wishes — can provide peace of mind that there is a clear plan for your pet's future care.
Can I Leave My Pet to Someone in My Will?
Yes. In New Zealand, pets are legally treated as property, which means you can leave your pet to a chosen person in your Will.
However, simply leaving your pet to someone may not provide enough guidance about how you would like them to be cared for. Your Will can include:
A nominated caregiver - a trusted person you would like to care for your pet
An alternative caregiver - a backup in case your first choice is unable or unwilling to take on the responsibility when the time comes
Financial provision for ongoing care - funds to help with expenses such as food, veterinary treatment, insurance and other ongoing costs
How Do I Choose the Right Person to Care for My Pet?
Before naming someone in your Will, have an open conversation with them to confirm they are willing to take on the responsibility.
When deciding who to appoint, consider whether they have:
Time - enough availability to properly care for your pet
Ability - the physical, financial and practical capacity to take on the responsibility
Willingness - a genuine desire to care for your pet long-term
It is also sensible to nominate an alternative caregiver in case your first choice is unable to care for your pet when the time comes.
Do I Need to Update My Will if My Pets Change?
Yes. Your Will should be reviewed whenever your circumstances change, including if a pet passes away, a new pet joins your family, or your chosen caregiver's circumstances change.
An outdated Will may no longer reflect your current pets or wishes, which can create uncertainty for your executor and the people involved in arranging your pet's future care.
What Is a Statement of Wishes for a Pet?
A Statement of Wishes is a separate, informal document that can be prepared alongside your Will.
While it is not legally binding in the same way as your Will, it can provide your executor and your pet's nominated caregiver with useful practical information about your pet's day-to-day care.
A Statement of Wishes could include:
Veterinary clinic and contact details
Diet and feeding requirements
Favourite treats and toys
Medication requirements and any ongoing medical conditions
Microchip and registration details
Pet insurance details, if applicable
Daily routines, habits and preferences
Any quirks or other information your caregiver should know
Keeping this information together can make the transition easier for both your pet and the person taking responsibility for their care.
Why Should I Make Provisions for My Pet in My Will?
Pets are valued members of the family. Making arrangements for their future care means that, if something happens to you, there is a clear plan for who will care for them and how you would like their needs to be met.
Taking the time to make these arrangements can provide reassurance that your pet will continue to be cared for by someone you trust.
Can I leave money specifically for my pet's care?
Yes. While you cannot leave money directly to your pet, your Will can make financial provision to help meet the costs of their ongoing care. Your lawyer can advise on the most appropriate way to structure this.
What happens to my pet if I haven't made any provisions in my Will?
Without clear instructions or a nominated caregiver, responsibility for your pet may need to be arranged by your family or executor. This can create uncertainty or delay at an already difficult time.
Is a Statement of Wishes legally binding?
No. A Statement of Wishes is not legally binding in the same way as your Will, but it can provide valuable guidance to your executor and your pet's caregiver about their routine, preferences and ongoing needs.
How often should I update my pet's provisions in my Will?
You should review your Will whenever your circumstances change, for example, if you get a new pet, a pet passes away, your nominated caregiver is no longer suitable, or your wishes for your pet's care change.
Plan for Your Pet's Future
Our Commercial Team can assist you with preparing or updating your Will to make provision for your pet's future care, as well as preparing a Statement of Wishes containing important information for your executor and your pet's nominated caregiver.
