lifestyle & living
What happens to a pet legally when its owner dies without a plan?“ Where a pet owner dies without a proper will in place or without making provision for their pets, the animals will usually pass to whoever inherits the owner’ s property,” explains Danielle Venter, associate at Pagel Schulenburg, a law firm in Sandton, Johannesburg.“ That may be someone unfamiliar to the pet, or someone who doesn’ t understand their needs, or who isn’ t in a position to care for them physically or financially.”
And, adds Danielle, the outcome can be even more heartbreaking:“ They may end up in an animal shelter. Many shelters in South Africa are already overburdened with surrendered pets.”
Clause vs trust
The takeaway? Don’ t leave the fate of your cherished pet in the hands of someone who may not care for their wellbeing as much as you do. So what can you do?
“ As a pet owner, you can have a clause drafted in your will that specifies a designated caregiver or an animal-welfare organisation( such as a rehoming organisation), along with a cash bequest or trust to cover your pet’ s immediate and future expenses,” Danielle explains.
However, she cautions that relying solely on a cash bequest carries risks:“ There is no legal oversight of how the money is used, even if your will provides clear instructions.”
Instead of a simple clause, you could establish a trust.“ In the case of a trust, a trustee is appointed with a duty to administer the funds in the best interests of the pet,” she says. However, she adds,“ A trust should not be suggested lightly as it comes with tax implications and administrative costs. These should be discussed with your estate planner.”
This arrangement also requires accountability: the caregiver must provide receipts to show that the money has indeed been spent on the pet.
Are pet care provisions legally binding?
Danielle explains that estate planning can help minimise disputes and ensure your pet’ s wellbeing:
• Clarity in your will, including a clause for your pets, reduces family disputes over who will care for them, and prevents the trauma pets may experience while waiting in limbo.
• Financial support: A cash bequest to the designated caregiver removes the financial strain they might otherwise face.
• Practicality: It’ s essential to confirm in advance that your chosen caregiver is both willing and able to take responsibility for your pet. www. petpals. co. za 57