Providing for Your Pet in Your Will in South Africa

Animals are property in law

In South African law an animal is property. That means a pet cannot inherit, cannot own money, and cannot be the beneficiary of a bequest directly.

What you can do is leave the animal to a named person, and leave that person money, ideally with an obligation attached.

The simple approach

Name a person in your will who will take the animal, and leave them a cash legacy intended for the animal’s care.

This is straightforward and cheap to draft. The weakness is that the legacy is legally theirs — there is no mechanism compelling them to spend it on the animal.

It works when the person is genuinely trusted, which is usually the case. Ask them first. A surprise inheritance of a fifteen-year-old dog is not a kindness.

The pet trust

A trust can be created in your will, with a trustee holding funds for the maintenance of a named animal, and a nominated caregiver receiving payments for its care.

This gives real enforceability: the trustee has a duty to apply the funds as directed, and typically a residual beneficiary receives whatever is left when the animal dies.

It costs more to set up and administer, so it makes sense for larger amounts, for long-lived animals such as parrots and horses, or where you have reason to want oversight.

Practical things to include

• The animal identified by name, description and microchip number
• A named caregiver and at least one alternate
• The amount, and whether it is a lump sum or periodic payments
• Your instructions on veterinary care, and on end-of-life decisions
• What happens to any remaining funds

Be explicit about euthanasia. Instructions requiring an animal be put down purely because you have died are generally regarded as contrary to public policy and are unlikely to be enforced. Instructions about quality of life are far better placed.

The interim gap nobody plans for

A will takes effect after your death and the estate takes months to wind up. Your animals need feeding tonight.

Carry a card in your wallet naming an emergency contact for your animals. Give a trusted neighbour a key and your vet’s details. Make sure someone knows what your animals eat and what medication they are on.

Speak to an attorney or a fiduciary practitioner about the drafting. This is orientation, not legal advice.