Attwood Marshall Lawyers Wills and Estates Senior Associate, Natalie Comerford discusses the best ways to ensure your fur-family is taken care of if something unexpected happens – from simple bequeaths to celebrity-style trusts like Diane Keaton reportedly left for her dog Reggie in her Will.
Lessons from Diane Keaton’s Will
The world was saddened to hear of the passing of Oscar-winning actress Diane Keaton in October 2025. But other than her death making headlines, reports also followed about Keaton’s generosity and her intention to leave $5 million of her $100 million estate to benefit her beloved golden retriever, Reggie, with remaining funds donated to animal charities.
Keaton, a fierce animal advocate who served for over 20 years on the board of animal rescue the Helen Woodward Animal Center, demonstrated what many pet owners intend to do but few properly plan for: ensuring their companion animals are looked after when they can no longer care for them themselves.
We all love our pets, so it’s important to ensure they’re cared for when we’re gone or if we lose the capacity. The provisions you make for your pets in your Will or Enduring Power of Attorney, or conversations you have between friends and family can help determine what happens to them and which new home they will go to when they are no longer in your care.
Australia’s changing attitude towards pets
Recent developments across Australia reflect our society’s growing recognition of pets as genuine family members. Victoria has become the second Australian state to allow people to be buried with their pets, following the reform that recently passed through Parliament. The change, coming after NSW led the way in May 2025, permits pets to be buried in family plots for the first time.
Meanwhile, Virgin Australia made history in October 2025 with its inaugural “Pets-in-Cabin” flight from Melbourne to the Gold Coast, allowing small cats and dogs to travel with their owners rather than in cargo.
These changes demonstrate just how important our companion animals are to Australians, and why proper estate planning for pets is more relevant than ever.
Pets play an important role in most families. In fact, it has been estimated that 61 per cent of Australian households have a pet. What many owners overlook is what will happen to their pet if they can no longer care for them.
The best way to plan ahead is to ensure your pet is also included in your estate plan. This requires specific legal advice from an experienced estate planning lawyer who can ensure that your ‘fur family’ are cared for by someone you trust, and that their new carer will have the financial means to support them.
Estate planning for pets
A pet cannot be named as a beneficiary in a Will. Pets are considered personal property or a ‘chattel’ in the eyes of the law, much like a person’s motor vehicle, jewellery, or furniture.
In some circumstances, relatives or friends will step in to care for a pet, however, sadly that is not always the case, and many pets end up in an animal refuge, or worst case, are prematurely euthanised if no new home can be found.
When a Will does not provide instructions or wishes relating to the care of a pet, duty to rehome the pet falls upon the executor of the deceased’s Will. Without a Will, the responsibility passes to whomever might be the administrator of your estate.
How to provide for your pet in your estate plan
There are several options you may wish to consider when including your pet in your estate plan:
- Making provision for the care and re-homing of your pets in your Will
- Giving a legacy to a friend or family member via your Will so that they can care for your pet, with clear instructions as to what that legacy is intended to achieve
- Taking advantage of available programs such as the Legacy Pet Programs through organisations like the Animal Welfare League or the RSPCA
Make provision in your Will for pets after you die
A Will is a legal document that communicates what you wish to happen with the property you own when you die. As your pets are considered property under the law, you can use your Will to make provisions for their care.
In your Will, you can provide specific instructions as to where you would like your pet to live, who you would like to care for them, and what type of care you wish them to receive. You can also outline instructions about specific funds that should be used to care for the pet.
It is important to note that pets can’t inherit directly as a beneficiary. An estate planning lawyer will be able to ensure the correct wording and structure are used when drafting a Will so that the Will-maker’s intentions will be feasible for the executor or legal personal representative to carry out.
Giving a legacy to a friend or family member to care for your pet
If you have a trusted family member or friend who will care for your pet, this option may work very well. A simple clause leaving your pet and a legacy to the carer you appoint, may be an option.
It is essential that you discuss such a proposed gift with the carer of your choice to ascertain if they are willing to accept this responsibility. There is no point appointing someone to be the carer of your pet if they live in accommodation that prohibits pets, or if they own other animals who would not be able to share the environment with your pet.
Giving a legacy to a friend or family member to care for a pet may not always be suitable, especially if the Will-maker does not have anyone in their life that they consider trustworthy and reliable. Unfortunately, there have been instances where people have left a legacy to someone to care for their pet, and that person has gone ahead and had the animal euthanised and utilised the money for themselves. Consideration of the drafting of this expectation requires legal advice and is not simple.
Right to occupy
As pets are considered property in Australia, they cannot inherit a home to continue to live in after their owner passes away. However, there are some more complex estate planning tools that can be utilised to provide eligible people with a right to occupy a home for a period of time contingent upon them caring for your pet in return.
Using such alternatives involves some complex Will-drafting skills and would require the advice of an experienced estate planning lawyer to ensure this strategy is executed correctly.
Pet legacy programs
Animal Welfare League Queensland (AWLQ) works with local councils, rescue groups, state government and the community to improve the outcomes for abandoned and surrendered pets.
The Legacy Pet Program ensures that when someone passes away, their companion animals go to loving homes that best suit their needs. When a pet is part of a Legacy Pets Program, they receive free veterinary check-ups and routine care for the rest of their life, even after they have been rehomed.
To ensure your pet falls within the Legacy Pet Program, you simply need to include specific wording in your Will directing the Animal Welfare League to care for the animal and fill out a registration and pet care profile.
Pet provisions in an Enduring Power of Attorney
Sudden injury or illness may impact someone’s ability to continue to look after their pets. When you are talking about issues that impact mental capacity and making decisions for yourself, or those that depend on you, then this is where an Enduring Power of Attorney will come into play.
A person appointed as the attorney will have the power to make all the same decisions the principal would usually make, on their behalf, including managing the care of their pets.
If you are no longer able to remain at home, and you have pets that need to be rehomed, an Enduring Power of Attorney can include instructions for your attorney regarding money you may wish to allocate to your pet’s care and the extent of veterinary care you are willing for them to receive.
Attwood Marshall Lawyers – Helping people plan for the future and preserve their wishes
Treating your family pet as a priority when getting your legal affairs in order is vital to ensure they are cared for and loved in your absence.
There are many options available that an experienced estate planning lawyer can run through to help you obtain the peace of mind that all your dependents, including the furry kind, are considered.
We take a holistic approach to estate planning and will help ensure that your plan aligns with your specific family circumstances, the types of assets you hold, and how you wish to distribute your assets after you pass away.
To review your estate plan or book an appointment with one of our lawyers, contact our Wills and Estates Department Manager, Donna Tolley on 07 5506 8241, email dtolley@attwoodmarshall.com.au or free call 1800 621 071 any time.
You can meet with our estate planning lawyers at any of our conveniently located offices at, Coolangatta, Robina Town Centre, Southport, Kingscliff, Brisbane, Sydney or Melbourne.
