Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 24 March 2018.
Jane’s best-friend is her Labrador, Lucky.
Jane is concerned about making proper provision for Lucky in her will.
Jane discusses her wishes with her solicitor.
The solicitor advises her that although some clients ask that their will include a clause requiring a pet to be destroyed, it is possible to establish a trust in her will to ensure that Lucky is properly looked-after.
The trust could grant the persons caring for Lucky, the right to occupy Jane’s home, as long as Lucky is alive and remains in the house. The terms of the right to occupy Jane’s home should clearly specify that the right ends when Lucky is no longer living at the house.
It is important to consider an appropriate executor to administer the trust.
The carers should be specifically named and alternative carers also appointed.
Jane is advised that it is preferable to make the ultimate sale of her home conditional upon obtaining consent from the persons looking after Lucky.
The solicitor explains that a case has been reported, whereby a pet was “fraudulently replaced” by the carers after the pet’s death with a pet that looked similar, to prolong the carers ability to reside in the home. The solicitor recommends that Lucky be microchipped and registered to mitigate this risk.
It is also important that Jane’s will makes funds available to meet the costs required to cover Lucky’s expenses, to maintain the house and pay the outgoings such as council rates and home insurance.
Jane is advised of a further option, being to give a sum of money under her will to Lucky’s carers and to express a non-binding wish that upon accepting the gift, they care for Lucky.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
