In Australia pets cannot own property, because pets are themselves regarded as property.
This means that – unlike children – there are no automatic laws relating to the care and custody of our beloved pets if we die or become incapacitated.
Whilst the rules around child custody are clear, it’s not the same for pets. Pets aren’t mentioned in any succession or family legislation at all and it is left to the Courts to decide who gets the family pet.
Include Pets in Your Estate Plan
Most of us consider our pets part of the family. But sometimes we don’t think about including them in plans for what happens when we die or can no longer look after ourselves.
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Importance of Pet Trusts
Senior lawyer specialising in estate planning and Wills in Adelaide.
Rod Genders from Genders and Partners, the oldest law firm in South Australia, says that state law does not permit animals to be direct beneficiaries of a Will, as the law regards the animals themselves as property.
However, caring pet owners can leave money for their pets in pet trusts with provisions for how it is to be spent on the pet.
As our population ages and fewer couples have children, there has been an attitude shift where many people have come to view their animals less as pets and more as members of the family.