Your dog when you die

[ArklePig]

Sorry for the morbid thread.

I was in a full day of private client tutorials and lectures today on wills, instead of paying attention I found myself thinking about how I need to make a will, something we've been putting off. The only thing I care about after my death is Fodhla in the event of both of us dying before her. Literally all we own is a house that still has a long mortgage and two second hand cars.

Has anyone provided for their dog in their will? I know the law classes them as personal chattels so if you will your dog to someone they don't actually have to keep it(much like if you name a guardian for your child but that's kind of off topic) but I'd like my intentions known and maybe to ring fence a bit of money for anything that she may need /vet fees/insurance/ behaviourist if she's traumatised at the move. Obviously given that she is a dog and we are in our mid thirties we hope to outlive her, but it doesn't hurt to plan I guess. As you can tell I've overthought this.

If anyone has provided for their dog, what clauses/mechanism did you use? I don't even know if a trust would stand up in this scenario (clearly I need to study more). I would guess so, but would become defunct if the named person wouldn't have her? I need to think of a way to ask my tutor this without sounding like the weird dog girl in my class I don't know any private client solicitors to ask lol.

 

[druid]

Ours are allocated to people in writing dependant on who here is still living/capacitated. Done by a solicitor.

 

[ihatework]

Druid doesn’t actually know it (she does now!!) but my expression of wishes lists her and one other local trainer as advisors for OH in case he needs rehoming help for Loki!

 

[satinbaze]

My dogs are gifted to a very good friend who used to run the breed rescue. I trust them 200% to do the best for my dogs whether this is keeping them or finding them a fabulous new home.

 

[KittenInTheTree]

In your case, surely you could just leave her to the rescue you got her from, along with a donation towards the costs of her future care. Chances are that there's a clause in your adoption agreement for her that stipulates she be returned to them anyhow. So just be sure to inform your next of kin of this, plus carry a letter of information with you in case of sudden death, and to have another such written statement kept in a prominent place in your home, etc.

 

[ArklePig]

There is a clause that she has to go back to them if we can't keep her yes, but they're a very reasonable rescue and I'm sure they'd be happy to let her go to a suitable person instead. To be honest I haven't fully thought this part out yet but there's no way she's going back to kennels, she just wouldn't be able for it.

 

[Clodagh]

Ours are verbally sorted. We need to re do our wills anyway so it will then be done properly.

 

[Rowreach]

I've updated my Will this week because my best friend and Executor and Trustee has just been diagnosed with a terminal illness and my kids are now old enough to inherit straight away anyway. But I have always included provision for my animals in previous Wills. This time I have added them in a List of Wishes because I trust my kids to look after the dogs and cats anyway, and the horsey one will work out what to do with the horses - my YO (also a good friend) would be delighted to have them in the event ...

In the days when I drafted Wills for people, a memorable one was a chap who left everything in Trust for his parrot.

 

[ArklePig]

So sorry to hear about your friend @Rowreach

 

[druid]

Druid doesn’t actually know it (she does now!!) but my expression of wishes lists her and one other local trainer as advisors for OH in case he needs rehoming help for Loki!

No problem at all, Mannies aren't for everyone so it's a sensible plan!

 

[Rowreach]

So sorry to hear about your friend @Rowreach

Thank you, it has been a huge shock for everyone.

 

[The Xmas Furry]

A letter of wishes is usually the way to go AP
I have similar wording to 'any domestic pets I may own at the time of my death, I leave to xyz if my husband has already pre deceased me or is unable to provide a home for it/them ..... '
I then have similar about 'any equines I fully own.... etc'

Then a net sum or % of the net estate is gifted to provide ongoing care of said animals.

Dont name animals as it means you will need to update either your will or letter of wishes if life changes.

 

[AmyMay]

We have a big note in our kitchen saying Daisy goes to xxxx. Our families are aware of our wishes.

It’s a reciprocal agreement between us and our good friends.

 

[I'm Dun]

Mine are to go to a sight hound specific rescue. A small one that I know and trust. Everything I own is to be sold and go with them. They are to be rehomed from the charity. But my oldest is coming 8 this year. He is obsessed with me. His whole life revolves around me and we are very close to the point where if anything happens to me I will request he is PTS rather than rehomed. The youngster is a different sort of dog. He loves me and we spend nearly all our time together in a little threesome, but he would adapt and settle in a new home with the right person. He would find it easier with my older dog with him as they are very close, so that factors in as well.

I am another person who has thought about this a lot!

 

[Birker2020]

How To Apply For Home For Life Scheme | RSPCA - RSPCA - rspca.org.uk

If you've ever had concerns about what will happen to your pet in the event of your death, Home for Life can give you reassurance and peace of mind.

www.rspca.org.uk

Pet Peace of Mind

Apply for our Pet Peace of Mind service to put your mind at rest. Should the worst happen, we’ll do everything we can to find your pet a loving, happy new home.

www.bluecross.org.uk

 

[Ratface]

Old Horse will stay at his current yard, with his breeder. Madam Cat will go to Cat's Protection Society with a dowry and an explanatory essay on all her needs and what will happen if they're not met.
There are CPS cards in the wheelhouse explaing what her immediate needs are and how they can be met.

 

[CorvusCorax]

The old dog will probably outlive me. The young one would go to a friend, I've agreed to take hers if anything happens to her and her husband.

My dog that I got off my friend who passed away, was too ill to sign anything, everything passed to NOK as per the will but they'd expressed verbally to me and friends/family their wishes. NOK wrote a letter through their solicitor saying they (NOK) as the recipient of the estate, were gifting the dog (name, reg number, microchip number) to me. He was already in my house to get him out of their hair at a difficult time but I wanted to make sure everything was done properly. Also, it was important for insurance and other changes.

 

[misst]

Mine will go to our kids if we both die or can't have them. Both son and daughter have dogs of their own and they love our dogs. We would have their dogs in the event it was needed. All the dogs get along well and are similar sizes/breeds.

 

[ponyparty]

Last time (the only time) I’ve made a will - which I desperately need to update - it states the dog goes back to his breeder. As stated above, MTs aren’t for everyone. His breeder is aware of this and agreed straight away. hopefully never comes to it but you never do know what’s round the corner!

 

[splashgirl45]

2 of mine will go to my family and my reactive one will go to my friend . It’s all arranged by word of mouth , I really need to make a will so it’s easier for whoever is left to sort out everything

 

[Andie02]

Then a net sum or % of the net estate is gifted to provide ongoing care of said animals.

The safest way to leave any money for the upkeep of any animals is by way of a 'Discretionary Trust' within a Will. I have covered this previously on here.

The reasons for doing this are :-

If the beneficiary gets into debt, the money could be taken to settle the debt.
If the beneficiary goes through a divorce, the money is classed as 'theirs' and is likely to be considered in the divorce settlement as part of their assets.
If the beneficiary dies, the money will become part of their estate.
If the beneficiary is, or in the future on benefits, the money will be taken into consideration for their assessment.
The beneficiary could inherit, and then refuse to look after the animals, or could at that time not be able to look after them for health / personal reasons, or could even be manipulated by their partner to use the assets for other 'needs'.

So by creating a Trust within your Will not only is it protecting the money for the dogs / animals, it is also protecting the person you wish to look after them for you.
You would then outline your wishes etc. in a letter of wishes to your trustees. You can appoint a person who you wish to look after the dogs / animals to be a trustee with others, to protect the money.
You also then select what you wish to happen to any money that is left after your animals have died, to a charity or specified person / s.

A DIY Will, ' FREE ' Wills, and basic Will's, will not cover a Discretionary Trust.

Andie's OH.

 

[Christmascinnamoncookie]

The safest way to leave any money for the upkeep of any animals is by way of a 'Discretionary Trust' within a Will. I have covered this previously on here.

The reasons for doing this are :-

If the beneficiary gets into debt, the money could be taken to settle the debt.
If the beneficiary goes through a divorce, the money is classed as 'theirs' and is likely to be considered in the divorce settlement as part of their assets.
If the beneficiary dies, the money will become part of their estate.
If the beneficiary is, or in the future on benefits, the money will be taken into consideration for their assessment.
The beneficiary could inherit, and then refuse to look after the animals, or could at that time not be able to look after them for health / personal reasons, or could even be manipulated by their partner to use the assets for other 'needs'.

So by creating a Trust within your Will not only is it protecting the money for the dogs / animals, it is also protecting the person you wish to look after them for you.
You would then outline your wishes etc. in a letter of wishes to your trustees. You can appoint a person who you wish to look after the dogs / animals to be a trustee with others, to protect the money.
You also then select what you wish to happen to any money that is left after your animals have died, to a charity or specified person / s.

A DIY Will, ' FREE ' Wills, and basic Will's, will not cover a Discretionary Trust.

Andie's OH.

I’m doing this on ^’s recommendation. Must organise an appointment with him!

 

[ArklePig]

Thanks Andies OH. You've actually just helped me with some of my homework too

 

[poiuytrewq]

I honestly wouldn't know. Its not something I've really thought of but I suppose I should.
Cecil would stay with my daughter, In fact he would be perfect as when she has her own place it would give company to her dog Basil so, I think several people would quite like him anyway!
Bertie might be more of an issue. Then the horses and tortoise (daughter has already made it very clear she does not want to inherit the tortoise!)

 

[Marnie]

My two cats came from my best friend who died, she left some money for their ongoing care although I would gladly have taken them without the money. I am conscious that I need to make a will as I am not so concerned about my house etc but am concerned about my ponies, Bunny and the cats.

 

[Andie02]

Thanks Andies OH. You've actually just helped me with some of my homework too

Feel free to pick his brains if you want to He isn't 100% sure about any variations for Ireland though.

 

[ArklePig]

Feel free to pick his brains if you want to He isn't 100% sure about any variations for Ireland though.

I'm in NI, lots of our law is so old it's quite similar to the rest of Ireland (which in turn can be similar to England and Wales cause occupation). Sounds like he'd know about inheritance tax and tapering relief which I'm really struggling with though so I might take you up and that!

 

[Andie02]

I'm in NI, lots of our law is so old it's quite similar to the rest of Ireland (which in turn can be similar to England and Wales cause occupation). Sounds like he'd know about inheritance tax and tapering relief which I'm really struggling with though so I might take you up and that!

Yes he is well up on IHT and taper relief. And Trusts.

 

[Andie02]

I'm in NI, lots of our law is so old it's quite similar to the rest of Ireland (which in turn can be similar to England and Wales cause occupation). Sounds like he'd know about inheritance tax and tapering relief which I'm really struggling with though so I might take you up and that!

Having just read your other thread, are you aware of a ' trust ' that would help protect beneficiaries who are disabled ?

If someone is disabled and is a beneficiary in a Will, dependant upon how much they inherit, they can lose their benefits, until the allowance limit is reached.

By putting a 'Disabled Trust ' in place in a Will, it will protect the loss of any benefits a beneficiary may be receiving at that time.

 

[ArklePig]

Yes I'm aware of those, part of my job includes supportibg clients on various different benefits.

I'm still in a deep level of denial about my diagnosis and I hope for it never to get to the point where I can't support myself. But something to think about down the line depending. But thank you for raising this.