As a nation of dog owners, and myself, a dog devotee, with the influx of breeding and puppy purchases in the last couple of years, who will care for our dogs if they outlive us?
- the late Leona Helmsley, property and hotel billionaire who died in 2007, not only left a $12 million trust fund in her US Will for the benefit of Trouble, her Maltese dog, but she also left billions to a dogs trust. Trouble was buried beside her.
- the late Dusty Springfield provided in her Will that Nicholas, her 13 year old cat be fed imported baby food, live in an indoor tree house, be serenaded to sleep with her music and his bed lined with her pillowcase and nightgown.
- the late Alexander McQueen left £50,000 in trust for the care of his dogs and £100,000 to animal charities.
These bequests may seem extreme but unless we consider our pets, at our death, they may find themselves trapped in the vagaries of intestacy, without certainty or the comforts we intended for them.
How to provide for Squid?
In discussing his new Will, an elderly single client, let’s call him Bob, owner of a blue whippet, Squid, recently asked who will care for Squid at his death. Bob regards Squid as his closest family, however legally, Squid falls within a category of personal possessions, known as chattels, therefore Bob cannot leave an inheritance directly to Squid. Given the usual lifespan of a dog, it is advisable to prepare Bob’s Will in respect of Squid or any other dog (or pet) he owns at the time of his death to avoid the need to amend his Will if Squid dies and another dog is adopted. We consider the following options:
A gift
Bob may leave Squid as a gift to a friend or family member. It is advisable to name a first and second choice beneficiary should one or other be unable or unwilling to adopt Squid at the time of Bob’s death. Bob should ask if they are willing to be named in his Will because a surprise of Squid may not be welcomed. Bob may wish to consider a cash legacy for the person named, carefully drafted as a condition of the gift of Squid, not only as thanks, but with the wish that the legacy is used for the benefit of Squid for his care, food and needs for life. We discuss and calculate what this cost might be.
Charity
If there are no friends or family members willing to take Squid, Bob may provide for Squid to be rehomed by a specific named animal charity with a request that the charity care for Squid if he cannot be rehomed, with a similar conditional gift of cash to pay for his care.
Squid’s trust
Without clear instructions, it is unlikely that Squid will be cared for as intended. Furthermore, the reality of leaving a pecuniary legacy to an individual to care for Squid my feel a little precarious because in practice, how can Bob be sure that the funds will be used for Squid’s benefit. Dependent upon the values involved, a trust may be more appropriate.
The law states that a trust is not valid if it is not for the benefit of ascertainable individuals. There must be an identifiable beneficiary to enforce a trust for it to be a valid trust. Generally, whilst trusts ‘for purposes’ are not valid, the court accepts that there are some anomalous exceptions to the rule known as ‘trusts of imperfect obligation’ which can exist without a human beneficiary to enforce the trust where it:
- relates to tombs and monuments; or
- is for the provision of masses in private; or
- benefits a specific animal
Because these trusts deviate from the usual beneficiary principle, the maximum term of the trust is limited to 21 years which should be a sufficient timescale to provide for most dogs (with the exception of an Australian Cattle Dog called Bluey who lived to 29 years old).
Bob may choose to set up a lifetime trust at the same time as his Will, bequeathing funds in his Will to Squid’s trust, which will generate an income for Squid.
A trusted named trustee will have daily responsibility for the administration of the trust, controlling the finances to cover expenses such as vet bills, food, treats, toys and other luxuries. A letter of wishes will summarise Squid’s preferred food, walks, medical records, likes and dislikes. Although not legally binding, a letter of wishes can be amended at any time and it will provide compelling guidance to Bob’s trusted trustee.
Cremation
It was quite usual for the pharaohs of ancient Egypt to be buried with mummified animals, sharing the afterlife with them. Pet cemeteries are now fairly commonplace. Although still unusual in the UK for your pet’s ashes to remain with you after your death, it is possible.
Bob wants to ensure that Squid will eventually be cremated and his ashes scattered or buried with him. We discuss various options including a woodland burial and human and pet ash scattering locations and provide this in his Will. Although burial wishes are not legally binding in a Will, Bob’s intentions are now clear.
If you wish to discuss how to provide for a beloved pet at your death, contact charlotte.pollard@buckles-law.co.uk
