Your pets aren’t just pets. Many owners like you regard dogs, cats, birds or even livestock as members of the family. Naturally, you want to make sure that they’re provided for after your passing.
This begs the question: is it legal in South Africa for your furry, feathery and scaly family brood to be listed as beneficiaries in your last will and testament?
Let’s take a look:
ALL ABOUT WILLS
A will is a legal document in which you outline what happens to your assets in the event of your death. It is usually drawn up with the assistance of an attorney or a trust company.
According to the Department of Justice, you need to keep in mind the following when making a will:
- You must be aged 16 years or over.
- Your will is written out by hand, printed or typed.
- Your signature appears on every page of the will, including the last page.
- Two competent witnesses, aged 14 or older, must sign the will.
- Beneficiaries may not act as witnesses; doing so will disqualify them from receiving any benefits from the will.
- You need to name a beneficiary or beneficiaries and make clear what assets (money, property, etc.) they will receive after you pass.
Additionally, you can appoint someone to act as an executor of your estate (ensure you indicate this in your will). In this role, the executor is responsible for administering your estate, from paying off your outstanding debts to distributing your remaining assets to your beneficiaries.
CAN YOUR PETS INHERIT ANYTHING FROM YOU?
No, pets cannot be listed as beneficiaries in your will. As far as South African law is concerned, they are considered your personal property, much like your house or a vehicle.
This doesn’t mean you shouldn’t leave instructions regarding your pets in your will, though.
You are strongly encouraged to establish a testamentary pet trust, in which you set aside money to be used for their care and well-being. Appoint someone who is knowledgeable about finances and cares about pets to act as the trustee. That way, they will ensure the welfare of your pets in accordance with your wishes.
Alternatively, you can appoint a caregiver in your will. They will take over the upkeep of your pets after your death.
When appointing a caregiver, make sure it’s someone you trust, who is equipped to look after your pets, who is passionate about animals, and who, ideally, is already familiar with your brood.
SPECIFY MISCELLANEOUS INFORMATION
It’s crucial to record any information about your pets’ care in your will, especially in the event of a medical emergency.
For the benefit of the trustee or caregiver, you must provide them with the following information:
- The contact details of your pets’ veterinarians.
- The allergies and dietary requirements of your pets.
- Their medical conditions and the medications they take.
- Their vaccination records.
- How they behave around children, other people, other animals, etc.
- Their exercise and grooming regimes.
WHERE THERE’S A WILL, THERE’S A WAY FOR YOUR PETS TO BENEFIT
Honestly, no one likes thinking about their mortality; ergo, writing a will is something that can be put off for a long time. However, when you add pets into the mix, it becomes all the more critical to ensure they are provided for after you’ve gone.
If you die without a will or don’t specify instructions regarding your pets’ welfare, this can present difficulties down the road. Beneficiaries may be loath or unequipped to look after your pets. As a result, your menagerie may find themselves placed in animal shelters or, at worst, put down.
Speak to your attorney about drawing up or updating your will to include the provisions for your pets.
Your pets are your family. They’re also among your most precious assets. It’s pivotal that, even in the wake of your passing, your pets will feel loved and cared for, just as they are now.
