Safeguard pet's future
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Updated: July 14, 2009 2:59 PM
The worst thing that can happen to a loved pet is for its guardian to pass away or become incapacitated leaving them with nowhere to go. Life as they know it ends without warning.
If the guardians were elderly, the pets are often elderly and suffer the loss more. They come from quiet, coddled lives into the bustle of a shelter and sometimes it’s too much. They can become aggressive or depressed to a degree that threatens their lives.
Katie’s Place has taken in many pets who lost homes when their guardians passed away or went into permanent care. Sweet William lived happily for 12 years with an elderly man. When the man died, the tabby’s grief was obvious at the shelter. He’s still testy and defensive. Tigger, who resembles the Cowardly Lion, lost his home of eight years when his guardian went into extended care. What will happen to your pet if something happens to you?
Make short term plans first. Write out your pet’s needs and talk to friends or neighbours about stepping in if needed. Leave them a key to your home and keep a card in your wallet requesting that they be contacted in an emergency. If you don’t have someone, check out pet sanctuaries. Vets and shelters may have suggestions too. It’s important to investigate pet sanctuaries before choosing one for your pet. Your animal can’t communicate his needs, but you can. Be discriminating.
You should also make long-term plans. If something happens while you’re unprepared then whoever inherits your property will inherit your pet. Legally, animals can’t own property so you can’t leave him anything in your will. However, you can bequeath him to someone. Check first to make sure they’re willing and able, and appoint back up beneficiaries. It’s more common than you might think that these plans don’t work out. Pets are often brought to the shelter by people to whom they were entrusted.
You can create an obligation to care for your pet by making a conditional bequest. Leave property to someone on the condition that they provide the care you expect for him. This is not airtight either, though. It depends on the person being able and willing to do as agreed for the whole life of your pet.
A way around this is to create an express trust. Trusts give property to someone for the benefit of another. It can take effect while you’re alive or it can be created through your will and take effect when you pass away. To create a trust, you must cover some key points.
First, the trust should state specifically that you want to establish a fund to provide for the care of your pet. Give any directions for his care. Second, state what funds go into the trust to provide for your pet for his lifetime. You could buy a life insurance policy and name the trustee as the beneficiary. Be careful to specify a reasonable amount for your pet’s care. Courts have been known to step in and reduce excessive amounts.
Third, state a duration that the trust will last. That can be period of time ending upon the death of your pet. If your pet is a species which can live many years, such as parrots, appoint a young person as trustee and specify that the trust should last as long as the trustee and your pet live. Fourth, the trust should be clear about the beneficiary. State the number of pets, breed, gender, and any other information that identifies each one.
Fifth, and most important, appoint a trustee who has a genuine interest in following your wishes. Appoint an alternate trustee. State clearly what powers and duties the trustee should have in managing your property. They would receive a percentage of the trust as a fee but you might want to ensure they receive enough to make it worth their while.
Consider the trust’s provisions carefully since your role in it ends once it’s completed, even if it’s an inter vivos trust which takes effect during your lifetime. Trusts are tricky to set up when the beneficiary is not a human. So explain to your lawyer exactly what you want.
We can’t guess the future but we can prepare for it. You need to ensure the future of that little best friend who will rely on you all his life.
Brigitta MacMillan is a volunteer at Katie’s Place, an animal shelter in Maple Ridge.
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