Provision for your Pet in your will

admin | New Information | June 13, 2023

Provision for your pet in your will

The following information is provided for anyone who would like to contribute to the lifetime care of their pets should they die or become incapacitated. It includes the following:

1. Setting up of a trust fund.
2. Transfer of your pets to a temporary care provider.
3. A new home for your pet.
4. Monetary support to the new owners of your pet for lifetime vet care, food, and emergency payments.

Explanatory notes are listed at the end of this document.

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Sample text to be inserted into your will

Trust Fund ¹

My dog. Upon my death, or disability, a trust fund is to be set up by John Smith, Solicitor ², to provide for the long-term health, support, maintenance, and care of my dog Rex. €15,000 ³ is to be transferred from my bank account into this trust fund. The fund shall be used as follows:

1. Payment of Munster Lost and Found invoices.
2. Credit line to the vets of the new owners of my dog.
3. Direct debit to the new owners of my dog to cover the day-to-day costs of keeping him.
4. Emergency payments as deemed necessary.
5. Solicitor’s fees.

Pet care during my lifetime. During any period that I have a disability, as defined below, or cannot care for my pet, the provisions of this Will shall become effective immediately to provide for my pet as if I had died. I may recover possession of my pet at any time. ⁴

Disability defined: For the purposes of this trust disability shall mean a legal disability, or the inability to provide prompt and intelligent consideration to financial matters by reason of illness, or mental, or physical disability. The determination of whether I have a disability shall be made by my doctor. The trustee shall be entitled to rely on written notice of this determination.

Upon my death, or disability, my dog is to be handed over, as soon as possible, to the charity Munster Lost and Found. He is to remain with Munster Lost and Found until he is re-homed. ⁵

When my dog is rehomed, the new owners ⁶ are to be given the following:

1. €500 is to be transferred to their vet’s bank account. This line of credit is to be topped up to €500 on an annual basis.
2. €50 per month is to be transferred to the new owner’s bank account to cover the general costs of keeping the dog. ⁷
3. In exchange for this the dog must be given an annual check-up at the vets.

To ensure that my wishes are carried out I ask that my solicitor, John Smith, does the following:

1. Set up the trust fund and transfer the sum of €15,000 into it.
2. Transfer €500 to the vets of the new owners of my dogs.
3. Top up the vet’s credit line to €500 on an annual basis.
4. Set up a direct debit of €50 per month to the new owners’ bank account.
5. Contact the new owners’ vets, once a year, to confirm that my dog is still alive, and that the dog is being adequately looked after.
6. When my dog dies any remaining money in the trust fund is to be given to Munster Lost and Found. Any remaining credit with the vets is to be given to Munster Lost and Found. ⁸
7. Pays himself for all expenses accrued.

If, for any reason, the new owners are unable to care for my dog, or are not looking after him adequately, he shall be returned to Munster Lost and Found. ⁹ The trust fund shall continue to be used to support Munster Lost and Found and any subsequent owners of my dog.

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¹ The setting up of a trust fund will guarantee that money is ring fenced specifically for the care of your pet.

² Asking your solicitor to set up a trust fund and ensure that it is properly managed is the best way to ensure that your wishes are carried out as intended.

³ The following is an example of how you can calculate what sum of money to put aside for the lifetime care of your pet. Firstly, do the following: estimate how long your pet will live for, and how much you spend per year feeding and caring for your pet, and how much you would like to put aside for emergency payments such as urgent medical care. In the example above, a maximum of €500 per year is to be given to the vets; food, treats and other day-to-day expenses cost €600 per year; and €4000 is to be included to cover emergency, solicitor, and other payments. The dog is expected to live for 10 more years.

(500 vets + 600 food) x 10 years = €11,000. Add €4000 for emergency care. The total to be put into the trust fund is €15,000.

⁴ Should you recover and want your pet back you will be entitled to do so.

⁵ If you plan to give your pet to a trusted family member or friend, it is best to discuss this with the person beforehand.

⁶ This may be a trusted family member or friend. If not, an animal charity will need to find a home for him.

⁷ €600 has been allocated for food treats and other day-to-day expenses in the example above. This is equal to €50 per month.

⁸ This is a suggestion only. You may want to give any remaining credit to a family member, friend or other charity.

⁹ This is something that the vet will notice during the annual check-up.