Planning for Your Pet’s Future: Wills and Pet Trusts

People usually land here with one urgent question: if I die or lose capacity, who will actually look after my pet? Without a clear plan, animals can end up in limbo while paperwork moves, or with whoever is legally entitled to the rest of the estate—whether or not they’re ready for a dog, a cat, or a 20-year commitment.

Australian succession law is practical and blunt. Your pet can’t inherit money directly, and a Will can take time to be acted on. The safest approach is to name a carer, set aside funds in a way that can be followed, and make sure there’s a workable “day one” plan for immediate care.^{1, 2}

Why pets belong in estate planning

Pets rely on routine: food they can tolerate, medication schedules, familiar handling, and a home that suits their temperament. A sudden change—new house, new people, new rules—can lead to stress behaviours, weight loss, toileting problems, or a flare-up of existing health issues. It’s not sentimental. It’s a predictable response to upheaval.

From a legal point of view, your pet is treated as property in succession planning. That matters because it shapes what you can do in a Will: you can gift the animal to someone, and you can leave money to a person (or an organisation) with instructions, but you can’t leave money directly to the pet.^{1, 2}

The legal baseline in Australia: pets can’t inherit

In Australia, animals aren’t legal persons for inheritance purposes, so they can’t hold assets or be a beneficiary in their own right. Any money intended for your pet has to be left to a human (or legal entity) who then uses it for the animal’s care, ideally with clear written directions.^{1, 2}

Pet clauses in a Will: useful, but not instant

A Will is still the centre of most plans. It can:

• name the person who will receive (and therefore own) your pet
• leave a specific sum of money to help with ongoing care
• set out instructions for diet, vets, medication, grooming, exercise, and end-of-life preferences.

The limitation is timing and certainty. A Will usually isn’t “executed” on the day you die in the practical sense—there is a period where your estate is being administered, and the person you named may not have immediate access to funds or authority unless you’ve planned for that interim gap.²

Make the “day one” plan explicit

A Will works best when it’s paired with a simple, real-world handover plan, such as:

• a written pet care sheet kept with your important documents
• a spare set of keys and carrier/lead/harness ready to go
• your pet’s microchip details and council registration details up to date
• your chosen carer already briefed and willing.

Pet trusts: what they are (and the common confusion)

Many Australians use the phrase “pet trust” to mean “money set aside for my pet”. Legally, it’s more nuanced.

Some jurisdictions (including parts of Australia) allow trust arrangements directed to the care of an animal, but enforceability and structure depend on the state or territory and the way the trust is drafted. In practice, many pet-care “trusts” set up under a Will operate as instructions to a trustee to use money for the pet’s upkeep, and the success of the arrangement still depends heavily on choosing the right people and setting clear directions.³

Why people choose a trust-style arrangement anyway

When drafted well, a trust-style structure can:

• separate the money-manager (trustee) from the day-to-day carer, creating a basic check and balance
• set limits and permitted expenses (food, vet bills, grooming, boarding)
• name a remainder beneficiary for any money left after the pet dies.

Setting up a practical plan (without legal theatre)

Whether you use a Will clause, a testamentary trust, or a separate agreement, the same decisions keep coming up.

1) Choose the carer (and ask properly)

Pick someone who already understands the species and the reality of the workload. Have the conversation directly. Consent matters more than good intentions.

Also name at least one backup carer. People move, health changes, rentals fall through.

2) Separate the roles where it makes sense

If money is being left for care, consider:

• Carer: the person who houses and looks after the pet
• Trustee/manager: the person who controls the funds and reimburses agreed expenses.

3) Write care instructions that a stranger could follow

Keep it short, specific, and updateable. Include:

• diet, allergies, feeding times
• medications (name, dose, timing) and vet clinic details
• behaviour notes (handling sensitivities, reactivity, fear triggers)
• grooming and parasite control schedule
• what “good quality of life” looks like for your pet, and any firm boundaries you want respected.

4) Estimate costs realistically

Underfunding is one of the most common ways these plans fail in the real world. Build in veterinary care, dental work, medications, grooming, boarding, and rising costs over time—not just food and treats.³

5) Name the remainder beneficiary

If funds are left after your pet dies, the plan should say where that money goes. This reduces disputes and makes the trustee’s job straightforward.³

Common mistakes that quietly unravel pet plans

• Relying on an informal promise. People mean well, then life happens. If the arrangement matters to you, put it in writing and build in backups.²
• Naming one person to do everything. When the carer also controls the money, there’s no oversight. Sometimes that’s fine; sometimes it’s the start of a mess.
• Forgetting incapacity. Death isn’t the only risk. A plan that only activates when you die can leave a pet stranded if you’re alive but unable to communicate or provide care.^{2, 3}
• Never updating details. Pets age. Diets change. Vets retire. The best plan is the one you can keep current.

Alternatives to a Will clause or trust

Animal welfare programs (for owners without a safe private option)

Several RSPCA branches run programs designed to help rehome or care for pets after an owner’s death, usually linked to leaving a gift in your Will and registering ahead of time. These programs can provide a clear pathway for immediate care when there isn’t a reliable friend or family member available.⁴

Private agreements

Some people use a written agreement with their chosen carer (separate from the Will) to spell out expectations and practical steps. This can help with handover clarity, but you still need a properly structured estate plan to move money and legal ownership in a clean way.

When to get professional advice

If you’re leaving significant money for an animal, have multiple pets, own animals with long lifespans (some birds and reptiles), or have a complicated family situation, it’s worth speaking with an estates solicitor in your state or territory. Small drafting choices—who receives the pet, who controls the funds, what happens if the carer refuses—make a large difference once you’re no longer here to troubleshoot it.^{1, 2, 3}

References

1. UNSW Newsroom (UNSW Law & Justice) — “How do you plan for your pet’s wellbeing if it outlives you?”
2. NSW Government (NSW Trustee & Guardian) — “Who looks after your pet if you can’t?”
3. Public Trustee Tasmania — “Your pet and your Will”
4. RSPCA NSW — “Home Ever After”
5. Federal Circuit and Family Court of Australia — “Financial or property: Family pets”
6. ABC News — “Pets to be considered more than just property in family law disputes” (5 June 2025)
7. Cooper Grace Ward — “Part of the family: pets and property settlements following amendments to the Family Law Act”
8. CBS News — “Leona Helmsley’s Dog Loses $10 Million”