Writing a Will

Can my pet be a beneficiary?

Pets can't legally inherit. But you can make detailed arrangements to ensure they're cared for.

The short answer

No. In Australia, pets are legally classified as property, not people. They can’t own assets or inherit.

But that doesn’t mean you can’t plan for them.

What you can do

While you can’t leave money directly to Fluffy, you can:

  1. Leave your pet to someone — Specify who should care for them
  2. Leave money to that person — For the pet’s care
  3. Set conditions — On how the money should be used
  4. Create a pet trust — For larger amounts or complex situations

Option 1: Name a carer

The simplest approach:

“I give my dog Max to my sister Jane Smith, together with $5,000 to be used for his care.”

Important considerations:

  • Ask Jane first — don’t surprise someone with a pet
  • Have a backup in case Jane can’t take Max
  • Consider whether Jane can realistically care for your pet

Option 2: Conditional gift

Add conditions to ensure the money is used properly:

“I leave $10,000 to Jane Smith on condition that she cares for my cat Luna for Luna’s lifetime. If Jane is unwilling or unable, this gift passes to [backup person] on the same terms.”

💡 Reality check: Conditions are hard to enforce after you're gone. Choose someone you trust, rather than relying on legal conditions alone.

Option 3: Pet trust

For larger estates or multiple animals, you can create a trust:

  • Appoint a trustee to manage funds
  • Name a carer responsible for the animal(s)
  • Specify how funds should be used
  • Set out standards of care expected

This is more complex and costly but provides more control.

How much to leave

Consider:

  • Food and basics — Annual cost varies by pet type
  • Veterinary care — Routine and emergency
  • Pet insurance — Ongoing premiums
  • Expected lifespan — A parrot might outlive multiple carers

Rough guide:

PetAnnual cost (estimate)10-year provision
Dog$2,000–$5,000$20,000–$50,000
Cat$1,500–$3,000$15,000–$30,000
Small pet$500–$1,500$5,000–$15,000
Horse$5,000–$15,000$50,000–$150,000
Parrot$1,000–$3,000$10,000–$30,000+

Don’t forget: some pets live a very long time.

Include care instructions

Beyond your will, prepare a separate document with:

  • Vet details and medical history
  • Dietary requirements and preferences
  • Daily routine
  • Behavioural quirks
  • Medication schedules
  • Insurance policy details
  • Microchip information

Leave this with your executor and the nominated carer.

🇦🇺 In Australia: Some animal welfare organisations will take pets if no family or friends can. RSPCA, Animal Welfare League, and breed-specific rescues may be options — contact them before including them in your will.

What about leaving pets to a charity?

Some organisations accept bequests that include pets:

  • They may rehome your pet
  • They may provide ongoing care
  • Contact them first to understand their policies

This can be a backup if your primary carer can’t continue.

Common mistakes

Not asking the carer first — They may not want or be able to take your pet

No backup plan — The primary carer might predecease you or change circumstances

Leaving too little money — Pets are expensive over their lifetime

Leaving too much with no conditions — Money could be used for other purposes

Forgetting care instructions — The new carer needs to know your pet’s needs

What happens if you don’t plan

If your will doesn’t mention your pets:

  • They become part of your general estate (property)
  • The executor decides what to do with them
  • They may go to whoever is willing to take them
  • Worst case: surrendered to a shelter

What to do next

  1. Choose a willing carer — and ask them
  2. Identify a backup carer
  3. Calculate reasonable care costs for your pet’s expected lifespan
  4. Include a specific gift in your will
  5. Prepare detailed care instructions
  6. Tell your executor where to find everything

Related: What should my will include? · How to write a letter of wishes