For many owners, pets are constant companions and a central part of daily life. When someone dies, concerns about what will happen to their pet can add an additional layer of worry for grieving family and friends.
From a probate perspective, pets can also create practical and legal questions for those responsible for administering the estate.
How are pets viewed under the law during the probate process?
Whilst it may not reflect the feelings of owners, under the law in England and Wales, pets are treated as personal property.
This means they form part of the deceased person’s estate in the same way as other possessions, such as furniture or vehicles.
This classification exists to determine who has legal responsibility for the animal during the probate process.
Where the deceased left a valid Will, responsibility for the estate falls to the Executors. If a person dies intestate, then the Administrator of the estate can be called upon to determine who cares for the pet.
Who looks after a pet if a person dies?
A Will may name a specific individual to take on the pet, leave money intended to help cover the cost of care or refer to a separate letter of wishes setting out preferred arrangements.
It is important to understand, however, that a person named in a Will cannot be forced to accept responsibility for a pet if they are unable or unwilling to do so.
If the named person declines, responsibility remains with the Executors, who must then decide on a suitable alternative.
This may involve making temporary arrangements with family or friends while a permanent solution is found.
Where no private arrangement is possible, animal charities or rehoming organisations may need to be contacted to ensure the animal’s welfare.
If someone dies without a Will, there is no automatic individual responsible for their pet.
In practice, care is often arranged by a close family member or friend once an Administrator has been appointed.
As with all estate matters, the key priority is ensuring the animal is properly cared for while longer‑term arrangements are considered.
Executors and Administrators have a duty to act in the best interests of the estate, but where a pet is concerned, this also requires compassion and common sense.
Practical considerations may include ensuring immediate care, arranging temporary accommodation if required and deciding whether estate funds can be used for food, veterinary treatment or boarding costs.
Such expenses are usually acceptable where they are reasonable, necessary and properly documented.
Preparing your estate to care for your pet
Many owners choose to plan ahead to reduce uncertainty, which often gives them peace of mind that their beloved pet will be cared for appropriately.
Financial provision for a pet can be made by leaving a cash gift to the chosen caretaker or by setting up a pet trust. These allow funds to be specifically designated for the animal’s benefit.
Professional advice can help ensure these arrangements are workable and proportionate.
A letter of wishes can also play an important role. Although not legally binding, it can provide clear guidance on matters such as veterinary details, medical needs, feeding routines, exercise habits and behavioural traits.
As a Will becomes a public document once probate is granted, a letter of wishes also allows more personal information to remain private, while still guiding those responsible.
If you would like to find out more about how you can ensure your pet is cared for after your death, pleasespeak to our Private Client Team.
