Gifting pets in your Will
For many people, pets are beloved family members and just like any important part of your life, they deserve to be part of your estate plan. One of the most common questions we receive from pet owners is: “Can I leave my pet to someone in my will?” The short answer is yes, but there are some important legal and personal considerations to keep in mind.
In Queensland, pets are legally considered property. This means you can gift them in your will just like any other personal asset, such as jewellery, furniture, or a vehicle. However, because pets are living beings, their care and wellbeing after your death deserve thoughtful planning.
Here’s what you need to know about including your pet in your will.
How Pets Fit Into Your Estate Plan
A standard will generally includes:
Appointment of executors
Specific gifts
Distribution of the residuary estate
When we talk about gifting pets, we’re referring to a “specific gift”—where you pull something out of your estate and leave it directly to a named person or organisation.
Some pet owners choose to deal with this in a letter of wishes rather than the will itself. At Vicca Law, we offer clients a letter of wishes template that includes space for pet care instructions. While not legally binding, this document can offer helpful guidance to your executors or loved ones.
If you prefer to include your pets directly in your will, here are the key decisions to make.
Do You Want to Gift One Pet or All Pets?
Some people wish to gift a specific pet, while others want their will to cover any pet they may own at the time of death. For example:
“I give my dog, Max, to my sister Jane.”
“I give any cat I own at the date of my death to my friend Alex.”
This distinction is important, especially for lifelong pet lovers who know they will always have an animal companion.
Who Should Care for Your Pet?
Once you’ve decided to gift your pet, you’ll need to determine who will care for them. You can:
Name a specific person to receive your pet
Appoint someone to decide who should care for your pet (often your executor)
Nominate an organisation such as the RSPCA to rehome your pet
Some people include clear preferences in their will to prevent outcomes they’d prefer to avoid—for example, stating that their pet is not to be taken to the pound or sold online. Others, particularly cat owners, are comfortable with the RSPCA rehoming their animal, especially if that’s where their pet originally came from.
Should You Leave Money With Your Pet?
One of the most thoughtful things you can do is leave a financial gift to the person or organisation that will care for your pet. This can help cover the cost of food, vet bills, and ongoing care. Depending on your circumstances and the value of your estate, you might consider:
A fixed sum (e.g. $5,000)
A percentage of your estate
A larger gift if your estate is substantial or if your pet has specific care needs
You may also choose to gift both the pet and a legacy to an organisation like the RSPCA to assist with rehoming.
Whatever you decide, clear drafting is essential. If you're gifting a portion of your estate to someone because they are taking care of your pet, it should be clearly stated that this is in addition to—or instead of—any other gift. This ensures there is no ambiguity and helps prevent future disputes.
Why Proper Legal Advice Matters
Gifting pets in your will isn’t just a sentimental decision. It’s a legal one that should be drafted carefully. If you want to ensure your pet is properly cared for after your death, speak to an experienced estate planning solicitor. We’ll help ensure your intentions are clearly recorded and that your pet ends up in the right hands.
At Vicca Law, we take pride in helping our clients safeguard the things—and companions—that matter most. If you’d like to update your will to include your pet, or want to explore your estate planning options, we’d love to help.
Book your free consultation today at www.viccalaw.com.au.