Planning for the possibility that your cat outlives you
Many cats suffer because their owner has died, and arrangements for their ongoing care has been overlooked. Here we consider the practical steps you can take now to protect your cat’s happiness and quality of life should they outlive you.
More Purrs is very grateful to Simon Smith (MSWW), Director at Optimal Wills & Estate Planning, who has contributed to this post by answering some of our questions about the legal stuff!
For your cat’s sake – don’t bury your head in the sand.
The unthinkable
None of us like to imagine a time when we’re not here, and it’s often something we quickly put to the back of our minds (me included!)
But what if something happens to us and we end up being outlived by one or more of our cats?
In my case, who would know when Spooks has his medication, what he has, and how much? Who would know how to give it to him, in the special way that I do, so he doesn’t know he’s having it?
Who would know that Spooks likes a few biscuits sprinkled on top of his dinner?
Who would know that Buster’s favourite treats are squeezy tubes of paste?
Who would know that 2Sox needs to eat tiny meals little and often to prevent her sickness?
Who would tolerate them standing on the work surface in the kitchen (because, rightly or wrongly I have allowed them to do that)? Who will have patience with Spooks, who frequently bites during play (a behaviour he acquired because of a troublesome start in his first few weeks of life)? 2Sox does not like to be picked up… Buster scratches the door when he wants to go in and out…
The list goes on. Their lives are established and, for the sake of their wellbeing, they will need a home with someone who will respect all of this and love them like I do.
The thought of my cat’s lives being disrupted and their favourite things becoming unknown, makes me really sad.
Have you got someone special who you can rely on?
This topic can be worrying for lots of people, especially if family/friends are not able to promise their support, or simply don’t want to – remember not everyone loves cats as much as we do!
If you are lucky enough to have someone you can rely on, how will they know all the important things they need to?
The simple answer is, they won’t! Unless you have been super organised and written down a little profile for each cat. You will find a list of important things to include in the profile further down this page.
You also need to make your wishes very clear, ensuring that your cat/s are taken into the care of your chosen person. Estate Planner & Director at Optimal Wills, Simon Smith, offers advice regarding how to do this later on.
What if you don’t have someone you can rely on to look after your cats?
Fortunately, four of the largest animal charities in the UK have considered this, along with the anxiety that it causes for loving owners. They have each designed a dedicated service which provides reassurance that, in the event of your death, your cat/s will be cared for and suitably rehomed.
These wonderful services are all free of charge and provide owners with complete peace of mind should the worst happen. In addition to registering for your chosen service, it is recommended that you add a clause to your Will or Codicil to ensure that these wishes are legally upheld. Some have even provided the suggested clause that can be added to your Will or Codicil.
To find a service that is right for you, follow the links below:
Battersea – Forever Loved Service is available in England.
Blue Cross – Pets into Care Scheme is available in England, Scotland, and Wales.
Cats Protection – Cat Guardians is available in England, Scotland, Wales, and Northern Ireland.
RSPCA – Home for Life is available in England and Wales.
Whichever you choose, make sure that you inform family/friends so they can quickly make contact with the necessary scheme if required.
Go the extra mile for your cat
Regardless of which option you choose (friend/family/charity), make sure you have written down the following information. These details will enable your cat’s new owner to give them the best home possible, with minimal disruption to their life.
- Registered Veterinary Practice (so that their medical history can be accessed)
- Medication (what, where, how, when?)
- Food – what does your cat eat & how often? (include likes/dislikes)
- Favourite treats / toys
- Do they have outdoor access? If so, what have the arrangements been? I.e. completely free to come & go via a cat flap, stays in at night etc.
- Habits – what have they been used to at home? Do they sleep on your bed? Are they allowed on the work surface? Do they show any aggression?
- Have they lived with children or other animals?
- Do they have access to a litter tray?
- Do they enjoy fuss/affection?
- What do you think makes your cat happy?
- Is there anything they are frightened of? I.e. Vacuum, dogs, children etc.
Imagine, you are the person who is rehoming a cat. This information would be wonderful as it provides a complete profile of the precious life you now care for.
Making sure your wishes are upheld
Now over to Simon, who has kindly offered to answer some of the common questions regarding the legalities of pets and Wills.
Question – Can I leave money to my cat?
You may have read about pets inheriting large amounts of wealth from their owners, like Michael Jackson’s chimpanzee ‘Bubbles’ being left $2 million, or the $13 million left for Tommaso a black cat who lives in Italy. However, pets cannot legally inherit money or assets.
Question – Can I leave money to a nominated person to look after my cat if I die?
By having a legally written Will you can make a formal provision for any pets you have. The executors of your estate can take immediate responsibility and follow your wishes regarding your pet’s welfare.
You can gift your pet to a person who you feel would best care for them, whether that be a relative or a friend (you must ask them in advance of writing your Will). You can also make a monetary gift to that person in your Will to pay for the upkeep, such as veterinary costs, insurance etc. It is important to understand that the money you gift belongs to that person and not the pet, therefore there is nothing stopping that person spending the money on other things. Alternatively, a Discretionary Trust could be written into the Will, leaving any money on trust to be managed by your executors and drip-fed to the beneficiaries (people looking after your pet). This can give more certainty to the person making the Will of how the money is used and its purpose. It is also important to word the Will correctly, so the beneficiary of the monetary gift only receives the cash gift on the basis they agree to look after the pet upon your death.
Question – What is an expression of wishes?
An expression of wishes is a confidential letter to accompany your Will. It is written to guide the executor and trustees to ensure your personal wishes are carried out. It’s important to understand that the expression of wishes is not legally binding, but more of a guide. Therefore, it is important to choose the right executors and trustees, who you believe will act on your wishes. An example of this would be stating detailed instructions about the day-to-day care, diet, and veterinary requirements for the new owners to act upon.
Question – What if my chosen person changes their mind? Can a ‘plan B’ be written in?
Firstly, you can easily update your Will whilst you are alive to make any necessary changes. This could be removing and replacing the chosen person to take care of your pet after you have passed away. You can also state a reserve named person in the Will so, if your first-choice person changes their mind or is unable to take care of your pet after you have died, the reserve named person will be contacted by your executor to take on the role of looking after your pet.
Question – When I made my Will I didn’t have a cat – can I just update it?
Absolutely, it’s important for everyone who has made a Will to review their circumstances every 3-5 years and make any necessary changes, regardless of if your have a pet or not. Some people may have only one pet at present but may have more in the future, so it’s important the correct wording is within the Will should the client have future pets to be taken into account.
Question – I haven’t got a Will because I don’t have anything of monetary value. Can I have a Will written specifically for the care of my cats?
Over 55% of adults in the UK don’t have a Will and one of the reasons they give is “I don’t have anything of value, so there is no point in making a Will”. People generally think of monetary wealth when it comes to Wills, yet there are important things, which are more sentimental, and they want to pass them on after death. Regardless of what wealth you have, if you have pets and you wish for them to be taken care of by the person/charity you trust, it is important to make a Will stating this.
If you have any questions, or if you would like to have a chat with Simon about writing a Will which includes cat care arrangements, please email simon@optimalwills.co.uk or call 01675 592 141 / 07564 474 286. Alternatively, you can get in touch via the website www.optimalwills.co.uk
