Planning for Your Pet's Future: Wills and Pet Trusts

By Sophie Kininmonth · 7 Oct 2025 (updated 21 Jul 2026) ·6 min read

Planning for Your Pet's Future: Wills and Pet Trusts

A pet cannot inherit money in Australia, and a Will does not take effect the moment you die, so an animal can sit in limbo while an estate is administered. Planning ahead fixes that. With a named carer, some set-aside funds, and a simple handover plan, you can make sure your dog, cat, bird or reptile is looked after from day one. Australian succession law is practical about this: your pet is treated as property, which shapes what you can and cannot do in a Will. The good news is that a clear, well-drafted plan is not complicated, and it removes almost all of the uncertainty.^{1, 2}

Why pets belong in estate planning

Pets run on routine: food they tolerate, medication schedules, familiar handling, and a home that suits their temperament. A sudden change of house, people or rules can trigger stress behaviours, weight loss, toileting problems, or a flare-up of existing health issues. That is not sentiment, it is a predictable response to upheaval. Building your pet into your estate plan is simply the reliable way to keep that routine going if you are no longer able to.

From a legal point of view, your pet is treated as property in succession planning. That matters because it shapes what you can do in a Will: you can gift the animal to someone, and you can leave money to a person or an organisation with instructions, but you cannot leave money directly to the pet.^{1, 2}

The legal baseline: pets cannot inherit

In Australia, animals are not legal persons for inheritance purposes, so they cannot hold assets or be a beneficiary in their own right. Any money intended for your pet has to be left to a human or legal entity who then uses it for the animal's care, ideally with clear written directions.^{1, 2}

Pet clauses in a Will: useful, but not instant

A Will is still the centre of most plans. It can name the person who will receive (and therefore own) your pet, leave a specific sum of money to help with ongoing care, and set out instructions for diet, vets, medication, grooming, exercise, and end-of-life preferences.

The limitation is timing and certainty. A Will is not "executed" on the day you die in the practical sense. There is a period while your estate is being administered, and the person you named may not have immediate access to funds or authority unless you have planned for that interim gap.²

Make the "day one" plan explicit

A Will works best when it is paired with a simple, real-world handover plan:

a written pet care sheet kept with your important documents
a spare set of keys and a carrier, lead or harness ready to go
your pet's microchip details and council registration kept up to date
your chosen carer already briefed and willing.

Pet trusts: what they are, and the common confusion

Many Australians use the phrase "pet trust" to mean "money set aside for my pet". Legally it is more nuanced. Some jurisdictions, including parts of Australia, allow trust arrangements directed to the care of an animal, but enforceability and structure depend on the state or territory and the way the trust is drafted. In practice, many pet-care trusts set up under a Will operate as instructions to a trustee to use money for the pet's upkeep, and the success of the arrangement still depends heavily on choosing the right people and setting clear directions.³

When drafted well, a trust-style structure can separate the money-manager (trustee) from the day-to-day carer, creating a basic check and balance. It can set limits and permitted expenses such as food, vet bills, grooming and boarding, and it can name a remainder beneficiary for any money left after the pet dies.

Setting up a practical plan

Whether you use a Will clause, a testamentary trust, or a separate agreement, the same decisions keep coming up.

1) Choose the carer, and ask properly

Pick someone who already understands the species and the reality of the workload. Have the conversation directly, because consent matters more than good intentions. Also name at least one backup carer. People move, health changes, and rentals fall through.

2) Separate the roles where it makes sense

If money is being left for care, consider splitting the jobs. The carer is the person who houses and looks after the pet. The trustee or manager is the person who controls the funds and reimburses agreed expenses.

3) Write care instructions a stranger could follow

Keep it short, specific and updateable. Include:

diet, allergies and feeding times
medications (name, dose, timing) and vet clinic details
behaviour notes such as handling sensitivities, reactivity and fear triggers
grooming and parasite control schedule
what good quality of life looks like for your pet, and any firm boundaries you want respected.

4) Estimate costs realistically

Underfunding is one of the most common ways these plans fail. Build in veterinary care, dental work, medications, grooming, boarding, and rising costs over time, not just food and treats.³

5) Name the remainder beneficiary

If funds are left after your pet dies, the plan should say where that money goes. This reduces disputes and makes the trustee's job straightforward.³

Common mistakes that quietly unravel pet plans

Relying on an informal promise. People mean well, then life happens. If the arrangement matters to you, put it in writing and build in backups.²
Naming one person to do everything. When the carer also controls the money there is no oversight. Sometimes that is fine, sometimes it is the start of a mess.
Forgetting incapacity. Death is not the only risk. A plan that only activates when you die can leave a pet stranded if you are alive but unable to communicate or provide care.^{2, 3}
Never updating details. Pets age, diets change, and vets retire. The best plan is the one you can keep current.

Alternatives to a Will clause or trust

If you do not have a reliable friend or family member to take on your pet, several RSPCA branches run programs designed to help rehome or care for pets after an owner's death. These are usually linked to leaving a gift in your Will and registering ahead of time, and they can provide a clear pathway for immediate care.⁴

Some people also use a written agreement with their chosen carer, kept separate from the Will, to spell out expectations and practical steps. This can help with handover clarity, but you still need a properly structured estate plan to move money and legal ownership cleanly.

When to get professional advice

If you are leaving significant money for an animal, have multiple pets, own animals with long lifespans such as some birds and reptiles, or have a complicated family situation, it is worth speaking with an estates solicitor in your state or territory. Small drafting choices, such as who receives the pet, who controls the funds, and what happens if the carer refuses, make a large difference once you are no longer here to troubleshoot them.^{1, 2, 3}

References

Sophie Kininmonth

Dog lover and writer at My Pets Australia, sharing practical breed guides and care advice for Australian pet owners.