Who will look after your pet? Pet care in your estate plan

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Short answer

In Australian law pets are property, so you can’t leave money to a pet directly. Instead, leave your pet to a carer you have asked in advance, and consider leaving that person money for its care. Write clear care instructions, and look at RSPCA rehoming programs if no one can take your pet.

Key facts

  • Ask your chosen carer first, and name a backup.
  • You can leave your pet and a sum of money to the carer in your will.
  • Several state RSPCA branches run a “Home Ever After” program that rehomes registered pets after the owner dies. Rules differ by state.
  • Plan for illness and aged care too, not only death.
  • Update the microchip registry details once your pet has a new owner.

Why plan for your pet?

If something happens to you, your pet can be left alone at home for days, or end up in a shelter because nobody knew your wishes. A little planning means your pet goes straight to someone who knows them.

How do I leave my pet in my will?

  1. Ask someone if they are willing to care for your pet, and agree on a backup.
  2. In your will, leave the pet to that person by name, and say what happens if they can’t take it.
  3. Consider leaving the carer a sum of money for food, vet bills and insurance. It is a gift to the carer, so you are relying on their goodwill.
  4. For larger amounts or long-lived animals, ask a solicitor about a testamentary trust for your pet’s care.

What if nobody can take my pet?

Several state RSPCA branches, including NSW, Victoria and Queensland, run a program called Home Ever After. You register your pet while you are alive, and after your death the RSPCA cares for and rehomes them. Requirements differ, for example pets may need to be desexed and microchipped, and some branches ask for wording in your will or a gift to the RSPCA.

What care instructions should I leave?

  • Name, age, breed, microchip number and registration details.
  • Vet clinic, medical history, medication and insurance policy.
  • Food, routines, habits, fears and how they get on with other animals.
  • Where their lead, food and records are kept.
  • Who has a key to your home and can get to your pet quickly.

Common questions

Can I leave money to my pet in Australia?

Not directly, because pets are treated as property. You can leave money to the person who will care for your pet, or set up a trust for its care with a solicitor’s help.

What happens to my pet if I go into aged care?

A will doesn’t help while you are alive. Talk to your family and your enduring attorney about who takes your pet if you move into care, and write it down.

What is the RSPCA Home Ever After program?

It is a program run by several state RSPCA branches that cares for and rehomes registered pets after their owner dies. Each branch has its own rules, so check the one in your state.

Sources and official help

These guides are general information, not legal or financial advice. Laws differ between states and territories and change over time. Speak to a solicitor or your state or territory public trustee about your situation.