Your will may explain precisely who should inherit your home, investments, and possessions. But does it stipulate who will care for your dog, administer your elderly rabbit’s medication, take your cat to the vet, or provide a safe place for your bonded birds to spend the rest of their lives?
For many South Africans, animal companions are cherished family members who occupy a special place in our hearts. They share our lives, shape our routines, and offer unconditional affection. Yet, despite this, it is surprisingly easy to overlook the very individuals whose well-being depends entirely on us during estate planning. Without appropriate arrangements, surviving relatives or friends may face difficult decisions about animals they cannot accommodate. Including your animals in your will is an opportunity to replace uncertainty with a considered plan that identifies a suitable caregiver, provides financial assistance, and ensures their ongoing needs are understood and met in the event of your untimely passing.
What happens to your animals when you die?
For STBB Director and experienced estate planning specialist, Caryn Avenant, ‘a secure future is not guaranteed for animals’ when their human guardians pass away. Under South African law, nonhuman animals are historically classified as property. While the Animals Protection Act prohibits defined instances of animal cruelty and neglect, this classification is implicit under the common law and widely reflected in various animal use statutes. Given their property status, an animal companion lacks legal rights and will generally form part of their owner’s deceased estate. As Caryn notes, animals cannot inherit assets themselves but they can be bequeathed to someone who is prepared to take responsibility for their care.
Without a specific provision, however, the executor will deal with animals as part of the estate. If there is no valid will, the rules of intestate succession determine who inherits the deceased’s estate, without making special arrangements for animals’ needs.
For Caryn, the importance of finding appropriate homes is something she has experienced firsthand. ‘Recently, there was a lovely older cat I advertised within my own networks whose owner had sadly passed away, and she was offered a super home,’ she recounts.
She also located the animal’s veterinary and vaccination records among the deceased’s possessions and passed them to her new family.
Although this particular story has a positive outcome, it illustrates how much can depend on someone being willing to intervene.
Accordingly, a clear will that identifies an intended caregiver reduces the likelihood of an animal companion’s future being determined through hurried decisions.
Choose someone who is willing and able to take responsibility for your animal companion
Leaving your rescue dog to your sister or your beloved hens to a close friend might seem straightforward. However, affection does not necessarily translate into the ability to provide a suitable, long-term home. A prospective caregiver may have other animals, limited space, or financial commitments.
For Caryn, nominating someone in a will does not legally compel them to accept an animal. ‘It’s highly recommended to speak to the person whom you would like to take care of your animals in the event that something happens to you, and ensure that they are willing and able to do so,’ she notes.
To that end, it is essential to first establish whether the nominee can accommodate the animal’s temperament, age, health requirements, and daily routine.
Crucially, Caryn advises preparing for unforeseen circumstances. ‘It is also recommended to provide for an additional caregiver in your will, as a failsafe in case the first named nominee is unable to take over care of the animal for any reason,’ reasons the estate planning specialist.
In addition to nominating a caregiver, the will should clearly identify each animal companion and preferably list their name, physical description, and microchip number, if applicable. Importantly, it should be carefully reviewed when a new animal joins the household, an existing companion dies, or an intended caregiver’s personal circumstances change.
For clarity and peace of mind, Caryn stresses that testators should also ensure ‘someone they trust is aware of their wishes should something happen to them’.
Leave enough money to provide for your animal’s proper care
While a loving home is essential, providing for an animal requires financial investment.
Food, vaccinations, routine veterinary consultations, dental treatment, grooming, and medication can accumulate into substantial expenses over an animal’s lifetime. Moreover, older companions and those with chronic medical conditions may require particularly significant provision.
As Caryn explains, ‘animals cannot receive funds or other assets directly.’ Instead, one can provide financial support through a bequest to a suitable individual or an appropriately structured trust.
One option she identifies is ‘to bequeath a lump sum to their new guardian and caregiver in terms of the will.’
Naturally, a sufficient amount will depend on the animal’s circumstances. A young parrot with a potentially lengthy lifespan, for example, presents different financial considerations from an elderly dog requiring ongoing treatment.
Caryn recommends discussing monetary concerns with the intended recipient beforehand. ‘Any concerns should be addressed in advance and if there are financial constraints or worries, a suitable arrangement could be discussed to assist the nominated caregiver as need be,’ suggests the experienced attorney.
However, leaving money to someone with the expectation that they will spend it on an animal companion does not automatically guarantee that outcome.
An unconditional cash bequest accompanied by an informal request differs from one that creates enforceable obligations.
South African law recognises mechanisms such as conditional bequests and a modus, which can impose obligations on a beneficiary. However, their legal consequences depend on the will’s precise wording, which makes professional drafting important.
Accordingly, a carefully prepared provision can address the intended use of funds and instances where the caregiver declines responsibility or fails to fulfil an enforceable obligation.
As Caryn puts it, ‘it is vital to appoint someone you trust implicitly’.
When should you consider a testamentary trust?
For individuals setting aside substantial funds, or those whose animals have particularly complex needs, a testamentary trust may provide a more structured approach.
Established through a valid will, this arrangement allows designated trustees to administer assets according to its terms.
The Trust Property Control Act recognises trusts established to benefit designated persons or achieve an object specified in the trust instrument. It also imposes duties on trustees, including the obligation to exercise reasonable care, diligence, and skill.
Critically, a properly structured arrangement can allocate money for an animal’s maintenance while separating financial administration from daily caregiving.
For example, the trustee could administer funds and make payments for veterinary treatment, food, and other specified expenses, while the nominated caregiver provides the animal’s home.
Since an animal cannot be a legal beneficiary, the trust must be structured carefully to achieve its intended purpose. Accordingly, it should identify the responsible parties and establish clear expenditure rules.
The will should also specify when the trust terminates – on the animal’s death, for example – and who receives any remaining assets, notes Caryn. Crucially, the costs of establishing and administering the arrangement, together with its tax implications, must be considered.
Plan for the days immediately after your death
Although a will is imperative, an animal’s immediate needs cannot be postponed until the estate has been administered.
Emphasising the importance of ‘minimal interruption’, Caryn advises that ‘alternative arrangements and rehoming should take place without delay.’ To that end, identifying a trusted individual who can step in immediately, even if they will not become the permanent caregiver, is essential.
As emergency financial arrangements may also be necessary, creating a separate care document – outlining feeding instructions, veterinary contact details, vaccination records, medication schedules, allergies, and microchip information – can make the transition considerably easier.
‘It is recommended to keep a list of this somewhere safe, for the guardian to easily refer to, and to update it as circumstances change,’ notes the conveyancing attorney.
Can an animal welfare organisation help?
Not everyone has a relative or friend who can assume responsibility for their animal companions.
In some circumstances, a reputable shelter, sanctuary, or ‘breed specific and savvy caregiver is required’, contends Caryn.
While specialist organisations may have experience placing animals with particular behavioural, medical, or environmental needs, no organisation should be named in a will on the assumption that it will automatically accept responsibility. Similarly, including a donation alongside a request that an organisation provide care or arrange rehoming does not compel it to accept an animal or guarantee lifelong accommodation.
Indeed, some adoption agreements also contain provisions requiring an animal to be returned to the original organisation.
A lasting act of care
Your animal companions have no say in what happens to them when you’re gone. Without a clear plan, their future may depend on hurried decisions made during an already emotionally difficult time.
By choosing a willing caregiver, expressly providing for their needs, and making your wishes known, you can afford those left behind the means to protect your beloved companions.
In this sense, a thoughtfully drafted will – supported by practical arrangements – is an opportunity to honour the responsibility you accepted when you welcomed your animal companion into your life — and to ensure their care does not end with yours.
For sound and efficient legal guidance, contact our experienced team today.
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