when structuring such a gift.
A perhaps lesser known alternative would
be to create a special type of trust for the
upkeep of the animal. This is known as a
‘trust of imperfect obligation’ as the object of
the trust cannot enforce it (while compelling,
Rover’s puppy dog eyes won’t help him
actually enforce the trust). This type of trust may
only last for up to 21 years. A period that should be
sufficient for most common household pets.
Whatever option they choose, the testator should also be
encouraged to write a letter of wishes to provide their beneficiary
with details on how their pets should be cared for.
If there is no one suitable to take on the care of the animals consider
leaving the animals to the care of a charity instead. The RSPCA run
a well known ‘home for life’ scheme that a person may register their
animals with during lifetime. The executors would notify the RSPCA
of
the
owner’s
death, and
the charity
will
aim
to
suitably
r e h o m e
the
animal.
This gives the
testator
the
peace of mind
that their animals
will be cared for
after their death.
The Society of Will Writers
7