Making a Bequest to your Dog

In 2007, Leona Helmsley, New York hotelier and owner of the Empire State Building, died. Nothing very remarkable in that, you say, especially given Mrs Helmsley was 87. However, the woman who had been dubbed the ‘queen of mean’ for famously saying that ‘only little people pay taxes’, left US$12 million in her will to her dog, a Maltese called Trouble.

Leaving money to pets – generally in the form of trust funds – is common practice in the US. In Australia, however, it is a different story. In fact, no matter how much you love your dog, you are not allowed to leave him money or property.

However, that doesn’t mean you can’t arrange for your pet to be cared for after you die. The Animal Law Committee of NSW Young Lawyers recommends that you make a will that clearly states how your dog is to be looked after. Have it professionally drafted (by a solicitor or trustee company) to ensure it is valid.

Your options for providing for a dog in your Will are:
•    A legacy to a friend or relative with a non-binding request to look after your dog;
•    A legacy programme with an animal charity such as the RSPCA. This involves bequeathing the charity a gift of money in exchange for the charity caring for your dog;
•    A trust for the care and maintenance of your dog;
•    Euthanasia.

In each case, you need to carefully consider your dog’s expected lifespan, the cost of his upkeep for the rest of his life and the reliability of the person you choose to look after your dog should you die.

Other options

As an animal lover, you are entitled to leave money or property to an animal charity. Many charities, such as the RSPCA Queensland, include suggested wording for bequest clauses in your will, and it is advisable to speak to the charity in advance so it can suggest what sort of bequest would best suit you.

You should also remember that you while you can make any legacy or bequest that you want to a charity, your family members and other dependents are entitled to make a claim on your estate that can overturn or reduce any charitable legacy you leave in your will. You should talk to your family to advise them of your intentions to leave a charitable bequest, and it is probably best not to leave your entire estate to an animal charity unless you have no family or dependents.

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