Estate planning is a crucial aspect of preparing for the future, ensuring that your loved ones are provided for and your assets are distributed according to your wishes. While people often focus on human beneficiaries in their estate plans, it’s equally important to consider the well-being of our loyal companions – our pets. In South Africa, a certain amount of protection is granted to animals under the Animals Protection Act 71 of 1962. However, nothing is specified in the Act regarding what happens to your pets when you die.

If your pets are not included in your estate plan, then they will most likely be given to those who have inherited your property. An unfortunate situation may arise when that person/persons do not want to care for your pets. So, how can you legally avoid this? In this article, we’ll explore the significance of including provisions for pets in your estate plan, discussing legal considerations such as pet trusts, designated caretakers, and the importance of preparing care directives for your beloved furry friends.

The Unspoken Bond

For many, pets are considered cherished members of the family, offering unconditional love, companionship, and joy. Recognising this unique bond, it’s essential to plan for their well-being in the event of your incapacity or passing. Pets, whether cats, dogs, birds, or other animals, rely on their owners for care, and including them in your estate plan ensures they continue to receive the love and attention they deserve.

Legal Considerations

To provide for your pets in your estate plan, consider legal tools that specifically address their needs. As “property”, your pets cannot inherit from you, but you could provide in your will (“Last Will and Testament”) for a named heir to inherit them, ideally with a bequest to help them cover the costs of pet ownership. In addition to financial provisions, it’s crucial to designate a caregiver for your pets in your estate plan. This person should be someone you trust to provide the necessary love and attention your pets require. Discuss your decision with the chosen caregiver beforehand to ensure they are willing and able to take on the responsibility. When navigating complex family dynamics in estate planning, it is especially important to ensure all parties understand their roles.

Some questions to consider when choosing a caregiver:

  • How familiar is your pet with the caregiver?
  • Is the person in a position to take in a pet, and do they want to?
  • Does the caregiver have a suitable garden, and are pets allowed if they live in a complex?
  • Does the caregiver have pets that can live harmoniously with your pet?
  • Is your pet well-socialised and trained to adapt to a new home environment?
  • Will your pet be compatible with their family, for example, if they have small children or allergies?

Creating a Testamentary Trust

If you are planning on leaving a substantial amount of money for the care and well-being of your pets, you may want to consider a testamentary trust. For more on how trusts work in South Africa, see our guide on how to register a trust. A pet trust is a legally recognised arrangement that allows you to set aside funds for the care of your pets, specifying how the money should be used and appointing a trustee to oversee these funds. This ensures that your pets are cared for according to your wishes, even if you’re not around to provide for them.

How such a trust is worded matters. Because an animal is property rather than a legal subject, your pet cannot be named as a beneficiary of the trust. The trust must instead be framed so that the trustee holds the capital for the object of caring for the named animal, and pays the caregiver for food, veterinary treatment, boarding and similar expenses against that object. A well-drafted pet trust therefore usually names the animal or animals concerned, identifies the caregiver and sets out what the trustee may pay for, imposes a duty on the caregiver to account to the trustee, and — critically — states what is to happen to whatever capital remains when the last animal dies. Without that residue clause the trust has no termination point and the estate may need a court application to wind it up. The trustee must also be authorised by the Master of the High Court before acting, in terms of the Trust Property Control Act 57 of 1988.

Reform on the Horizon

South Africa’s animal welfare legislation is fragmented and dated, and the Department of Agriculture, Land Reform and Rural Development has been working on a single consolidating Animal Welfare Bill. As currently envisaged, it would repeal and replace the Animals Protection Act 71 of 1962, the Performing Animals Protection Act 24 of 1935 and the Animal Matters Amendment Act 42 of 1993. The Bill has not yet been published for public comment and is not law, so the 1962 Act remains the operative statute. Even if it is enacted, it is a welfare and cruelty statute rather than a succession one: it would not change the position that an animal is property and cannot inherit, so the planning steps set out above would still be necessary.

Care Directives for Pets

Just as humans may have living wills with medical care directives, it’s wise to include a similar document for your pets, especially if your pets require special care. Care directives for pets outline specific instructions for their medical care in case they become ill or incapacitated. This may include details about preferred veterinarians, specific treatments, and even decisions about end-of-life care. Providing clear guidance ensures that your pets receive the care you deem appropriate, even when you’re not there to advocate for them.

Practical Steps

To incorporate your pets into your estate plan effectively, follow these practical steps:

  • Consult with an Estate Planning Attorney: Seek professional advice to understand the legal options available for including your pets in your estate plan.
  • Create a Pet Trust: Establish a trust to set aside funds and appoint a trustee for the financial well-being of your pets.
  • Designate a Caretaker: Clearly identify and communicate with the chosen caretaker for your pets, ensuring they are willing and prepared for the responsibility. Make sure that the designated caretaker is aware of any special care directives relating to your pets.

Securing your furry friends’ future through estate planning is a responsible and compassionate decision. By incorporating legal provisions such as pet trusts and designated caretakers, you can ensure that your pets continue to receive the care and love they deserve, even when you’re no longer there to provide it. Taking the time to include your pets in your estate plan reflects a commitment to their well-being and reinforces the enduring bond between humans and their loyal companions.

Updated 14 April 2026 — Pets remain classified as property under South African law and cannot inherit directly; the Animals Protection Act 71 of 1962 continues to govern animal welfare. A comprehensive Animal Welfare Bill is expected to be released for public comment in 2026, which may consolidate and modernise existing legislation.

Updated 4 August 2026 — Corrected the governing statute to the Animals Protection Act 71 of 1962. Added guidance on how a pet trust must be structured, given that an animal cannot be named as a beneficiary: the trustee holds the capital for the object of the animal’s care, the caregiver accounts to the trustee, a residue clause is needed for when the animal dies, and the trustee must be authorised by the Master of the High Court under the Trust Property Control Act 57 of 1988. Added a section on the proposed Animal Welfare Bill, which would repeal the 1962 Act together with the Performing Animals Protection Act 24 of 1935 and the Animal Matters Amendment Act 42 of 1993, but which is not yet law.