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Wills

They depend on you.
Plan for them.

For many people, pets are family. You want to know they'll be cared for if something happens to you. Here's how New Zealand law lets you plan for your pet's future.

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The Legal Reality

Pets are property.

Under New Zealand law, pets are classified as personal property. This might feel strange when your dog greets you at the door or your cat curls up on your lap. But it has practical implications for estate planning.

What this means

Because pets are property, they cannot own anything themselves. You cannot leave money or assets directly to your pet. Any bequest "to Fluffy" would fail. This is different from some US states, where special pet trust legislation allows more elaborate arrangements.

Your Options

What you can do.

While the law has limits, you still have several practical options for ensuring your pet is cared for.

Name a guardian in your will

You can state who you want to care for your pet after your death. While not legally binding in the same way as appointing a guardian for children, it makes your wishes clear to your executor and family.

Leave a legacy for their care

You can leave a specific amount of money to the person who will care for your pet. This provides them with funds for food, vet bills, and other expenses, making it easier for them to take on the responsibility.

Create a trust (via will)

For more complex arrangements, you can create a trust in your will. You appoint trustees to manage money and ensure it's used specifically for your pet's welfare according to your instructions.

Charitable arrangements

Some animal charities offer programs where they guarantee to care for and rehome your pet if you leave a bequest to them in your will. This provides peace of mind if you don't have family to take them.

Limitations

What you cannot do.

Leave assets directly to your pet

A bequest to "my cat Whiskers" is void. Pets cannot own property.

Create a binding pet trust like in some US states

New Zealand doesn't have specific pet trust legislation that gives pets enforceable rights.

Force someone to take your pet

You can express your wishes, but you cannot legally compel someone to become a pet owner.

Practical Advice

Tips for pet owners.

01

Have the conversation first

Before naming someone in your will, talk to them. Make sure they're genuinely willing and able to take your pet. Consider their living situation, other pets, allergies, and lifestyle.

02

Think about funding realistically

Pets cost money. Vet bills for older animals can be significant. Consider leaving enough to cover likely expenses for your pet's remaining lifespan. Your vet can help you estimate costs.

03

Name an alternative

What if your first choice can't take your pet when the time comes? Name a backup person. Circumstances change over years.

04

Keep information current

Include your pet's details in your will review. Pets come and go. Update your will when you get a new pet or when a pet passes away.

05

Consider immediate care too

Your will only takes effect when you die. Think about who would care for your pet if you became incapacitated. Discuss this with whoever holds your Enduring Power of Attorney.

Key Takeaways

New Zealand law treats pets as property, so they cannot inherit directly
You can name a guardian and leave money to that person for pet care
Have an honest conversation with potential caregivers before naming them
Include pet provisions when you review your will, especially after getting new pets
A letter of wishes helps your pet settle into their new home
Purpose trusts are available for more complex situations

Related Guide

Follow our step-by-step guide to creating a will that includes provisions for your pets.

Read the Creating Your Will Guide

Peace of mind for both of you.

Planning for a beloved pet is an emotional topic. We can help you put practical arrangements in place that give you peace of mind.

Or call us on 06 835 7394

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