Planning for your pet's care after you: pet trust basics

We rarely think about our pet's future in terms of formal planning. Yet the statistical reality is real: pets sometimes outlive their owners, and even short of death, a prolonged hospitalisation, an accident or a loss of capacity can occur at any moment. Planning for your pet's care is not a morbid act — it is a form of care directed at the future.

Why this planning matters

Dogs live on average 10 to 15 years depending on breed. Cats commonly live 14 to 18 years, sometimes longer. An owner who adopts a kitten at 55 may reasonably face this question within their lifetime. An accident, serious illness or simply the passage of time can intervene at any point.

In the United States, studies estimate that close to 500,000 domestic animals find themselves without a home each year following the death of their owner. In France, Belgium and the Netherlands, equivalent statistics are not collected in the same way, but animal welfare organisations regularly describe an influx of adult animals whose owners have died or been hospitalised.

A companion animal is not simply a "possession" that can wait. It has habits, daily needs, emotional bonds and a medical history. Its care after you will only be assured if you have taken the care to organise it.

What the law says: a nuanced reality

In France, Belgium and the Netherlands, animals have been legally recognised as living beings capable of feeling following civil law reforms in recent years (France in 2015, comparable developments in Belgium and the Netherlands). This is a meaningful advance over the previous status of simple "thing" or object.

However, despite this recognition, animals cannot be named as heirs (beneficiaries of an inheritance) in current law. They cannot receive a sum of money directly. They continue to enter an estate as items of moveable property.

What you can do:

• Leave your pet to a named person in your will, expressing your wish that they take on guardianship.
• Leave a sum of money to that person designated for your pet's care and maintenance.
• Attach a condition to this bequest: that the person cares for the animal and ensures its wellbeing. This condition is not perfectly legally binding, but it is formally expressed in moral and written terms.

A notary or solicitor can help you draft these provisions clearly, so they are understood and respected as far as possible.

Naming a guardian: the essential points

Naming a guardian is the most important decision to make. A few principles to follow:

Ask first. Do not name anyone as guardian without speaking to them and obtaining their explicit agreement. Taking on responsibility for a pet — especially an elderly or ill one — is a real commitment of time, money and emotion. A surprise designation is an unwelcome one.

Choose someone your pet knows. Ideally, the named guardian already has a relationship with the animal. A pet grieving its owner will adjust far more easily to someone familiar.

Name a substitute guardian. What happens if your primary choice can no longer take on guardianship? A backup prevents the question from going unanswered.

Discuss the practical arrangements. Where will the animal live? Who pays the vet? How will costs be funded? These questions, settled in advance and put in writing, prevent future misunderstandings.

Funding ongoing care: concrete options

Naming a guardian without providing them the means to fulfil that role creates a difficult situation. Several mechanisms allow you to plan funding in advance:

A designated cash bequest. The simplest approach: you leave a sum of money to your named guardian, with an explicit mention in your will that this sum is intended for your animal's care and maintenance. In France, this sum is freely disposable by the beneficiary — which requires a high degree of trust. Notaries can draft more precise conditions.

A dedicated savings account. Some owners open a specific account that they add to regularly, with written instructions to those close to them to use it for the animal's care in the event of death or incapacity.

Life insurance. A life insurance policy can name your guardian as beneficiary, with a clause indicating the intended use. This mechanism is not legally binding as to how the funds are used, but it can be formalised in an annexed letter of wishes.

The pet trust model. In the United States, pet trusts allow funds to be placed in a trust from which only the guardian can draw, and only for the animal's care. This structure does not exist formally in France, Belgium or the Netherlands, but a notary can construct contractual equivalents that come close.

The letter of wishes: the most immediately useful tool

Independently of the legal provisions, a letter of wishes is the most concrete and immediately useful document you can prepare. It carries no legal force, but it guides your guardian with invaluable precision.

It should include:

• Medical history: vaccinations, current treatments, chronic conditions, your regular vet's name and contact details.
• Daily habits: mealtimes, quantities, preferred brands, sleep routines, favourite toys.
• Temperament and particularities: reactions to strangers, specific fears, affectionate habits, behaviours that should not be misread.
• Care preferences: your view of what matters most for your pet's wellbeing, your wishes if its health declines.
• Practical information: where documents are kept (health record, insurance), key contacts (vet, regular pet sitter).

Give this letter to your named guardian, keep a copy with your notary or solicitor, and update it regularly.

Scenarios to plan for

Two situations deserve distinct planning.

Sudden death. The most urgent to organise. Without prior arrangements, your pet may face uncertainty from the very first days. A guardian designation — even informal, written and signed, held by a trusted person — is enough to prevent the worst outcome.

Long-term hospitalisation or loss of capacity. This scenario, often overlooked, can arise gradually (degenerative disease) or suddenly (stroke, road accident). In France, the mandat de protection future allows you to designate in advance a person who will manage your affairs, including your pet, if you lose the capacity to do so. Belgium has comparable legal instruments.

In both cases, speaking openly about these wishes with those close to you — even without full formalisation — is the first genuine protection for your pet.

To explore other ways of preparing and honouring the memory of your companion, visit our guide to memory and tribute rituals.

When you are ready, Animal Paradise allows you to create an online memorial for your companion. Create a memorial