Legal Considerations for Leaving Money to Pets in Wills: Navigating the Blurred Line between Property and Companionship

In a recent news story, it has been revealed that Karl Lagerfeld, the former Creative Director at Chanel, left behind his beloved cat Choupette when he passed away in 2019. Choupette, who is arguably the most famous cat in the world, was reportedly left $1.5 million in Lagerfeld’s Will. However, the legality of leaving money to an animal raises interesting questions.

Under English law, pets are considered personal property, and it is not possible to leave money directly to a piece of property. One option to ensure the welfare of a pet is to create a trust for the animal. This trust would be a “trust of imperfect obligation,” where funds are paid to a nominated trustee to use for the care of the pet. If the trustee fails to fulfill their duties, other beneficiaries named in the Will can seek enforcement through the Court.

Another option would be to leave the pet alongside a cash legacy to a nominated person, with the condition that they agree to care for the pet. This method may be more straightforward, but careful drafting of the terms is essential to ensure the pet’s welfare is protected.

Gifts for the benefit of pets can sometimes lead to estate disputes, as seen in high-profile cases such as Leona Helmsley’s Will in the United States. In England, the recent case of Re McLean involved a dispute over a Will that left the deceased’s estate to her son to care for her parrot and jenday.

Navigating the legal landscape of ensuring the welfare of pets in Wills requires careful consideration and planning. Choosing a trusted guardian for your furry friend is crucial to ensure they are well cared for after you’re gone. Written by Deborah Nicholls-Carr, a senior associate in Withers’ Trust, estate, and inheritance disputes team, this story sheds light on the complexities of leaving money to pets in Wills.