Willfully - Legally Binding Wills for Australians

Your pet is family. But thinking about what would happen to them if you weren't around is a conversation most of us would rather avoid. It’s tough stuff. The reality is, without a clear plan, their future could be up in the air. Here in Australia, the law sees pets as 'property,' which does sound a bit cold, I know. It basically means they can't inherit money, and you can't just cross your fingers and hope a friend or family member will take them in.

But there’s a straightforward way to make sure they're always looked after. By including them in your estate plan through a pet guardianship will, you can legally name a guardian and put aside money for their care. It’s the best way to guarantee they land in a safe, loving home.

This guide walks you through exactly how to do it—no confusing jargon. Planning for your pet's future is one of the kindest things you can do for them. And if you want to get it sorted today, you can easily create a legally binding will online with a service like Willfully.

What to gather before you start

Before you jump into writing, it helps to get a few things in order. Don't worry, this isn't about digging up complex legal papers. It's more about having the right info on hand so the whole process feels less of a chore.

Think of it as putting together a little info packet. You’ll want:

All about your pet: Grab their name, age, breed, and microchip number. Jot down any health issues, medications, or that quirky diet they're on.
Your guardian’s details: You'll need their full legal name and address. It's also a smart idea to pick a backup guardian, just in case life throws a curveball.
Your vet's info: The name of the clinic and their phone number will be really helpful for the new guardian.
A rough budget for their care: Spend a few minutes thinking about what you spend on them annually. Factor in food, vet visits, insurance, grooming, the works. This will help you figure out a reasonable amount to leave for their care.

6 key steps to include pet guardianship in your will

Got all your info ready? Great. Now it's time to put that plan into action. Following these six steps will help you formally include your pet in your will and give you confidence that their future is secure.

Step 1: Understand the legal basics

First, let's quickly cover the legal stuff so you know why things are set up this way. As we touched on, Australian law considers pets personal property, kind of like your car or your couch. It might feel a bit strange, but it has a couple of key consequences for your will:

You can’t leave money directly to your pet. It sounds odd, but since they’re 'property,' they can't legally own anything.
Instead, you gift your pet to a person you trust (your guardian). Then, you leave a separate cash gift to that person, with clear instructions that the money is for the pet’s care.

This legal workaround ensures your wishes are followed. The gift of your pet and the gift of the money are tied together. This means the guardian only gets the funds if they agree to take on the responsibility of caring for your pet. It’s a simple but solid way to make sure everything is legally sound.

Step 2: Choose the right guardian (and a backup)

Okay, this is probably the biggest decision in the whole process. You’re not just picking a new owner; you’re choosing your pet’s next family. So, take your time with this one. Who in your life really gets your pet?

A few things to mull over:

The animal lover test: Do they genuinely love animals? Even better, do they already have a bond with your pet? That’s a big plus.
Lifestyle match: Think about your friend who lives in a tiny city apartment and works 12-hour days. They might love your border collie, but would it be a good fit? Probably not the best match.
Financial situation: Even though you'll be leaving money for care, you want someone who sees your pet as a companion, not a financial drain.
Home environment: Do they have other pets? Toddlers running around? Make sure it’s a setup where your pet will feel safe and happy.

Now for the most important part: you have to ask them first. Seriously. Don’t just spring this on someone in your will. Have an honest chat about what’s involved. And always pick a backup. Life happens, and your first choice might not be in a position to take on the role when the time comes.

Step 3: Set aside funds for your pet's care

Handing over your pet to a guardian without providing some financial support can put them in a tough spot, and that's the last thing you want. To make it fair and easy for them, you should leave a specific amount of money intended for your pet's care.

So, how much is enough? A good way to start is by tallying up your pet's yearly costs. Think about:

Food and treats
Regular vet check-ups and shots
Pet insurance
Grooming appointments
Any medications or special care
Boarding or pet-sitting for when they go on holiday

Once you have a rough annual figure, multiply it by your pet's expected lifespan. It's also smart to add a little extra on top as a buffer for unexpected vet bills or emergencies. People often leave between $5,000 and $15,000, but it really depends on your pet's individual needs and your own financial situation. This money gets written into your will as a gift that's conditional on your guardian accepting your pet.

Step 4: Draft the pet guardianship clause

With the big decisions made, it's time to get it down in writing. The specific clause in your will needs to be clear so there’s no confusion. It should name your pet, your chosen guardian, and the amount of money you’re leaving for their care.

A basic pet guardianship will clause can look something like this:

Sample Pet Guardianship Clause

"I give my [Pet's Breed, e.g., Golden Retriever] named [Pet's Name], microchip number [Pet's Microchip Number], to [Guardian's Full Name] of [Guardian's Address]. If [Guardian's Full Name] is unable or unwilling to care for my pet, I give my pet to [Backup Guardian's Full Name] of [Backup Guardian's Address].

I further give the sum of [Amount in dollars, e.g., $10,000] to the person who accepts the care of my pet, to be used for my pet's health, maintenance, and welfare. This gift is conditional upon them accepting guardianship of my pet."

You don't have to stress about nailing the legal wording yourself. If you use an online service like Willfully, the platform guides you through adding a pet clause step-by-step. Plus, every will is checked by an Australian lawyer, so you can be sure it’s worded correctly and does exactly what you want it to.

Step 5: Inform and prepare your chosen guardian

Once your will is drafted, circle back to your chosen guardian (and your backup!). Let them know you’ve made it official. It’s also a great time to put together a "pet file" for them. This isn't a legal document, just a handy guide with all the important info they might need one day.

Include your vet’s contact details, feeding schedules, medical records, and notes on their little personality quirks, like how they hate the vacuum cleaner or love their squeaky pig toy. This simple step can make a huge difference in helping your pet and their new guardian adjust.

Step 6: Finalise, sign, and store your will

A will isn’t official until it’s properly signed and witnessed. In Australia, that generally means you need to sign it in front of two adult witnesses, who then also sign it. Heads-up: your witnesses can't be people who will inherit anything from your will. After it’s all signed, keep it somewhere safe where your executor can easily find it. Platforms like Willfully give you clear instructions for this final step, so you can get it done right without any confusion.

What if a will isn't enough? Exploring alternatives

For most people, a simple clause in their will is all they need. But if your situation is a bit more complex, it’s good to know what else is out there.

Pet trusts

A pet trust is a more formal legal setup where you appoint someone (a trustee) to manage the funds you’ve set aside for your pet. It offers a lot more detail and control, but it's also more complicated and costs more to establish. This route can make sense if you're leaving a very large amount of money or if your pet has significant, ongoing medical needs that require careful financial management.

How Can I Leave Money for My Pet in a Trust?

This video explains how a pet trust works as a formal arrangement to provide money for your pet's care after you're gone.

A letter of intent

Think of this as the personal, heartfelt guide to your pet. A letter of intent isn't legally binding, but it's where you can share all the little things that matter. You can write down their daily routine, their favourite (and least favourite) foods, the park they love, and all their funny little quirks. While your will handles the legal side of things, this letter helps the new guardian understand your pet on a personal level, making the transition so much smoother for everyone.

Common mistakes to avoid when planning for your pet

Putting a pet guardianship will in place is pretty straightforward, but a few common slip-ups can cause problems down the road. Keep an eye out for these.

Forgetting a backup guardian. Life is full of surprises. Your first choice might move overseas, their health could change, or their circumstances might just not allow them to take on a pet when the time comes. A backup is your safety net.

Not talking to your chosen guardian. Imagine being named a pet guardian out of the blue. It’s a big responsibility, and surprising someone with it in your will could lead to them saying no, which leaves your pet’s future uncertain. Always have the conversation first.

Being too vague in your will. Don't just say "my dog." Clearly identify your pet using their name and microchip number to avoid any mix-ups, especially if you have more than one animal.

Forgetting to set aside money. Leaving your pet to someone without funds for their care puts a financial strain on them. This could unintentionally affect the care your pet receives, so make sure you provide for them.

Not updating your will. Did you get a new pet? Did your chosen guardian move? Life changes, and your will should change with it. A good plan is to review it every few years. Services like Willfully make this easier by including 12 months of free updates with your will.

Peace of mind for you and your furry family

Taking a little bit of time now to include your pet in your will is a true act of love. It’s how you make sure they’ll always be looked after by someone you trust, come what may. By following these steps, you can create a clear, legally sound plan that protects the future of your best mate. A little planning today gives you a whole lot of peace of mind for tomorrow.

Ready to protect your pet's future? You can create your legally-binding will online in about 20 minutes with Willfully. Their lawyer-reviewed process gives you the confidence that all your family members, furry ones included, will be cared for just the way you want.

Frequently Asked Questions

What exactly is a pet guardianship will, and why is it so important for my pet's future?

A pet guardianship will is a legally binding document that allows you to appoint a specific person to care for your pet after you're gone. It's crucial because it ensures your pet will be looked after by someone you trust, with financial support allocated for their ongoing needs. Without it, your pet's future could be uncertain under Australian law, which views pets as property.

How do I make sure the financial provisions in my pet guardianship will are enough for my pet's care?

To determine adequate funds, calculate your pet's annual costs for food, vet visits, insurance, and other necessities, then multiply by their estimated lifespan. It's wise to add extra for unexpected emergencies. This financial gift is conditional on the guardian accepting care, ensuring your pet is well-supported.

What's the main difference between creating a pet guardianship will and setting up a pet trust?

A pet guardianship will typically includes a clause within your standard will, naming a guardian and leaving them a conditional sum for your pet's care. A pet trust is a separate, more formal legal arrangement where a trustee manages funds specifically for your pet, offering greater detail and control but also more complexity and cost.

Should I discuss my plans for a pet guardianship will with my chosen guardian beforehand?

Yes, absolutely. It's vital to have an open conversation with your chosen primary and backup guardians before formalizing your pet guardianship will. This ensures they understand and are willing and able to take on the responsibility, preventing any surprises or potential refusal later.

What happens if my primary chosen guardian in my pet guardianship will can't take my pet when the time comes?

This is why it's critical to name a backup guardian in your pet guardianship will. If your primary choice is unable or unwilling to take on the responsibility, the care and associated funds will automatically transfer to your designated backup guardian, ensuring a smooth transition for your pet.

What key information should I include about my pet in my pet guardianship will clause?

In your pet guardianship will clause, you should clearly identify your pet with their name, breed, and microchip number to avoid any ambiguity. You can also include essential details like specific health issues, dietary needs, or personality quirks in a separate, non-binding Letter of Intent for the guardian.

Can I update my pet guardianship will if I get a new pet or if my chosen guardian moves?

Yes, you absolutely can and should update your pet guardianship will as your circumstances change. It's important to review your will periodically, especially if you get new pets, if your chosen guardians' situations change, or if your financial provisions need adjustment.