What happens to your pets if you don’t leave instructions?

For many Victorians, pets are part of the family. Legally, however, they are treated as property. This means that if you pass away without including your pet as part of your estate planning, there is no automatic legal protection ensuring they are cared for in the way you would want.

Who decides what happens next?
If you don’t leave instructions, decisions about your pet are made as part of your estate. Responsibility falls to your executor, or an administrator if you die without a Will. While they must act reasonably, in practice, your executor or administrator has discretion. They may try to honour what they believe you would have wanted, but they are often making decisions quickly, during a stressful time, and with limited options available. Your pet is not prioritised in the same way a human family member would be, because legally they are treated as an asset rather than a dependent.

What usually happens in practice
Immediately after death, someone will usually step in to care for your pet on a temporary basis. This is often a family member, friend, or neighbour. However, this arrangement is usually not permanent.

If no one close to you is willing or able to take responsibility, your pet may be taken to a local council pound or animal shelter. From there, your executor may attempt to arrange rehoming, but this depends on timing, availability, and whether a suitable person can be found.

Even where someone agrees to take your pet, the arrangement may not be ideal. They may not be familiar with your pet’s routine, medical needs, or temperament, which can lead to stress for the animal and difficulties for the new carer.

The risks of not planning ahead
Without clear estate planning for pets in Victoria, your pet’s future can be uncertain. One of the biggest risks is that decisions are made based on convenience rather than suitability.

Pets can experience anxiety and behavioural changes after losing their owner, particularly if they are moved into unfamiliar environments. This can make rehoming more difficult and may affect their longterm wellbeing.

There is also a financial aspect to consider. Ongoing costs such as food, grooming, and veterinary care can add up, and even well meaning carers may struggle to take this on without support. Older pets are especially vulnerable — they are generally harder to rehome and more likely to have health issues, which increases the risk that they will remain in a shelter or face poor outcomes.

What if you don’t have a Will?
If you die without a Will in Victoria, your estate is distributed according to a strict legal formula. An administrator is appointed to manage your affairs, rather than someone you have personally chosen. In these situations, there is often even less certainty about what will happen to your pet.

The administrator’s role is to finalise the estate efficiently, and decisions about pets are usually made on a practical basis. This can mean fewer efforts are made to find a suitable longterm home.

How to make sure your pet is looked after
Including your pet as part of your estate planning is a straightforward but important step. By nominating a trusted person to take responsibility, you significantly increase the likelihood that your pet will end up in a safe and familiar environment.

It is also worth considering leaving some financial support to assist with your pet’s ongoing care. This can make it easier for someone to say yes to taking on the responsibility and helps ensure your pet’s needs are properly met.

Providing written guidance about your pet’s routine, preferences, and medical history can also make the transition smoother and less stressful.

Speaking with the person you’re considering looking after your pet is extremely valuable. It gives you an opportunity to express your wishes, and it also allows them to decline if they’re not able to take on the responsibility. If that happens, you can then consider someone else who you feel is appropriate and who your pet is comfortable with.

The key takeaway
If you don’t leave instructions, your pet’s future is ultimately left to chance. Decisions will be made by others, often quickly and with limited information. 

Including your pet as part of your estate plan can provide clarity, reduce stress for your loved ones, and most importantly, give your pet a far more secure and predictable future. 

If you need help considering your pet as part of your estate planning, we’re here to guide you every step of the way.