Since Karl Lagerfeld passed away in 2019, leaving his cat with a £1.2 million inheritance, the trend of leaving money to pets has become increasingly popular. In fact, Wills and Probate solicitors report that one in every eight people who inquire about will-writing services now wants to make provisions for their pets. And who can blame them, pets are the best of both worlds – the most loving companions, who also don’t talk back! However, while it’s understandable to want to ensure that your pet is well cared for, leaving large sums of money to animals can create complications, especially when there are human dependants who may be entitled to bring an Inheritance Act claim.

• What is an Inheritance Act Claim?
• Why is this an issue?

So, what is an Inheritance Act Claim?

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals who were financially dependant on the deceased to bring a claim if they believe that reasonable financial provision has not been left for them. The classes of applicant who can bring a claim is defined under the Act and includes spouses, civil partners, adult or minor children, cohabitees who had been living with the deceased for a period of 2 years and any other person who was being maintained, wholly or partly, by the deceased immediately prior to their death.

The court will then consider a range of factors which are listed within the Act:

• the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future
• the financial resources and financial needs which any other applicant for an order under section 2 of this Act has or is likely to have in the foreseeable future
• the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future
• any obligations and responsibilities which the deceased had towards any applicant for provision or towards any beneficiary of the estate of the deceased
• the size and nature of the net estate of the deceased
• any physical or mental disability of any applicant or of any beneficiary of the estate of the deceased
• any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant. Conduct can include the conduct of the deceased, not just those interested in their estate.

So why is this an issue?

The financial needs and resources of a human dependent are likely to be much greater than the financial needs of the deceased’s pet. Furthermore, a judge is likely to believe that the deceased has greater obligations to their human relatives over their pets. This means that leaving a large sum for a pet’s care could be seen as unreasonable, increasing the risk of a successful Inheritance Act claim.

While it’s perfectly reasonable to make provisions for your pet’s future, it’s essential to do so with care and consideration for your human beneficiaries. You’ll want to ensure that your family is properly provided for, while also making appropriate arrangements for your pet’s care. By working closely with an inheritance claim solicitor, you can find ways to protect your pet’s future without inviting legal challenges or causing family discord.

Rebecca Kershaw – Apprentice Solicitor