What should personal representatives consider when dealing with animals?

There may be provision in the deceased’s will. The will could pre-date the addition of the pet to the deceased’s family, but nevertheless this is a good place to start to try to determine what provision will be made for the pet.

This could be as a simple expression of wishes to appoint a guardian for an animal, for example: “I express the wish that Mr Smith takes care of my cat on my death”.

This can be worded in such a way to include any future pets if it doesn’t specifically name the pet.

Some people prefer to leave a sum of money for the care of their animals, so may include a conditional legacy with a sum of money attached for the upkeep of the animal. Alternatively, an ongoing trust such as a discretionary trust may be created for this purpose.

In the UK, an animal cannot inherit an amount of money directly, but readers may be aware that other legal systems have different provisions.

In France, Choupette – the cat of the late fashion designer Karl Lagerfeld – not only earns money in her own right by modelling and advertising products, but is also believed to benefit from Lagerfeld’s estate.

It is not yet known if this is by the creation of a foundation or other means, or a direct inheritance.

The deceased may have verbally expressed a wish for who would care for the pet on their passing. Therefore, asking friends and family if they recall any such conversations is a good consideration.

It could be the case that the named individual is unable to care for the pet or has themselves passed away.

In this instance discussions with friends and family can prove fruitful, as they may not want the animal to be rehomed outside of their close circle of relationships and may be able to provide care themselves.

Not everyone has a family member or friend that can take care of an animal, so alternative means should also be considered.

Many charities have their own pet care schemes, which can be identified by specific cards that are safely stored in a purse or wallet. This shows the intention that, if something happens to the individual, such as a terminal illness or death, this is the charity they want to look after their pet.

In other circumstances, there are schemes where an individual can adopt the animal, but ownership remains with a foundation or charity.

When the individual passes away, the animal can then be returned to the foundation or charity where they came from to be cared for. This gives the owner peace of mind that there will be suitable care in place.

In some circumstances, a pet may be unwell when their owner passes away, this could be from an existing medical condition or something that has come to light following the owner’s death. Executors should consider carefully where these fees should be paid from.

The expense will need to be reasonable and in some circumstances the consent of the beneficiaries may be required for the estate to bear the cost. Each case will depend on its own facts and who the beneficiaries are.