Pets in probate: What happens to your pet when you die?

19 March 2026

The PDSA found that 51 per cent of UK adults owned a pet in 2024 and for many of us, these furry friends can often feel like part of the family.

They provide us with companionship, loyalty and emotional support throughout our lives.

Yet despite this bond, many owners do not make formal arrangements for what should happen to their pet after they die.

Without clear plans in place, your pet’s future could quickly become uncertain.

Our Head of Wills, Probate and Older Client Services, Rachel Blackburn, explains the best way to ensure your pet is taken care of after you die.

Why should you plan for your pet?

In the UK, pets are legally treated as personal possessions, known as chattels and they form part of your estate when you die.

Unlike children, pets cannot inherit money directly when you pass and there is no automatic legal guardian appointed for them.

If you die without making arrangements, the responsibility for your pet will usually fall to family members or whoever is administering your estate, be they an appointed executor or administrator in the event of intestacy.

However, it is not always guaranteed that your loved ones will agree on your pet’s future home and there may be no one willing or able to take on the responsibility.

Planning for your pet allows you to choose who will care for them, provide financial support for their upkeep and leave guidance about their needs and routine.

How do you leave provisions for your pet in your Will?

The most straightforward way to protect your pet is by including a clause in your Will.

You can name a specific person to take ownership of your pet and leave a financial gift to help them with the ongoing costs, such as food, insurance and veterinary care.

However, you must speak to the proposed caregiver first to ensure they can fulfil this role.

This approach is simple, but it does rely on trust. There is no automatic legal requirement for the money to be spent solely on the pet once the gift is given.

Can you set up a trust for your pet?

If you want greater protection for your pet, you may consider setting up a trust in your Will for them.

A trust allows you to set aside funds specifically for your pet’s care and trustees will manage the money and ensure it is used appropriately.

This can be useful if:

• Your pet is young and likely to live for many years
• They have ongoing medical needs
• You are leaving a large sum of money for their care

You can also include instructions about what should happen to any remaining funds after your pet dies.

Do you need to write a Letter of Wishes?

Alongside your Will, you may prepare a Letter of Wishes.

This is not legally binding, but it can provide detailed guidance about your pet’s routine, diet, medical history and preferences.

This can help ensure continuity of care and make the move less stressful for your pet.

You may also wish to include more specific details on their health, such as microchip information, insurance policies and your vet’s contact details.

What happens if there is no Will in place?

If you pass away without a Will, your pet will be legally treated as personal property and form part of your estate.

An executor or administrator will then be responsible for deciding what happens next and who will care for them.

Without clear plans in place for your pet, there is no guarantee that someone will be willing or able to provide them care.

As a result, your pet could be rehomed or placed in a rescue centre.

Leaving no Will or instructions for your pet’s care can also cause family disagreements and disputes at an already difficult time.

How can we support your pet arrangements?

Don’t put your pet’s future at risk and seek early legal support so your wishes are carried out effectively.

Our professional team can help you include pet provisions in your Will, advise on whether a gift or trust is best and ensure your estate planning protects your pet and those supporting them after you pass.

Having a clear plan in place can give you reassurance that your pet will continue to receive the love and care they deserve.

Do you want to include pets in your probate? Contact our Wills and probate team today.