Estate Planning for Pets

Abstract

Most pet owners are extremely devoted to their pets, often considering them members of the family. This devotion can carry over into the owner's will or trust, leaving gifts for their pets in such instruments. More recently, courts and legislatures are approaching gifts to pets more favorably and have been increasingly likely to permit such arrangements by applying a variety of techniques and policies. This article discusses a number of techniques currently available and the advisability of utilizing each of them. While the amount of legislation enabling pet owners to care for their pets in the short and long term is increasing, other non-statutory methods remain available to carry out the pet owner's wishes for their "other" loved ones.

*Winner of Probate and Property 2001 Excellence in Writing Award-Best Overall Article (probate and trust).

Keywords: animal law, wills, pets

JEL Classification: K11, K19, K39