Who Gets the Dog? Pets in Wills WA

Thinking about who inherits your property is common, but few people stop to think about what happens to their pets. In Western Australia, the law treats animals as property, which means they can be passed on or even neglected if your will doesn’t say otherwise. Here’s what you need to know about including your pets in your will — and why it matters more than you think.

The Real Stories

When Sarah’s grandfather passed away, everything seemed straightforward. The house went to her mum. The car was sold. The savings were divided equally. The family gathered, shared stories, shed a few tears, and began tying up loose ends.

Then someone asked:

“What about Charlie?”

Charlie was her grandfather’s golden retriever, a calm, loyal companion who had followed him everywhere for seven years. He’d been there for morning coffees, long naps, late-night TV, and every silent moment in between.

He wasn’t just a pet. He was part of the family.

Sarah assumed she’d take him. She and Charlie had always had a bond. But her aunt quickly declined — she already had two cats. Her uncle was more blunt:

“He’s just a dog. Take him to the pound.”

Sarah looked around the room, stunned. No one wanted him.

There was no mention of Charlie in the will. No nominated carer. No money set aside for his food or vet bills. Just silence.

The family’s solicitor gently explained the legal position:

“In Western Australia, pets are considered personal property under the law — just like a couch or a car. Because Charlie wasn’t specifically gifted in the will, he falls into what’s called the residual estate. That means whoever inherits the remainder of the estate is also legally entitled to him.”

Sarah’s cousin raised her hand:

“That’s me, but I live in a tiny apartment. I can’t take care of a big dog.”

It was an awkward standoff. No one wanted Charlie.But Charlie needed someone.

Eventually, after a few uncomfortable conversations, Sarah took him home — but it wasn’t without tension. There were whispers about "emotional manipulation," about "who always gets their way." What should have been a time of peace became another source of family division.

All of it — the uncertainty, the arguments, the stress — could have been avoided with a single clause in the will.

This happens more often than you’d think.

Despite being deeply loved, pets are legally treated as chattels — property — not family members. You can’t leave your pet an inheritance directly, but you can make legally binding arrangements in your will.

Pets Are Family — But the Law Sees Them as Property

Under Australian law (including here in WA), animals are classified as personal property (a chattel).

Under the Wills Act 1970 (WA), you have the right to distribute your personal property — including pets — through a valid will. However, due to their classification as property, pets cannot be named as beneficiaries. Proper legal structuring is required to ensure their welfare is legally protected.

What You Can Do in Your Will

Here at AviorLaw, we’ve helped many WA clients include specific directions about their pets in their wills. It's simple, but powerful. A common and effective method of providing for a pet is to gift the animal to a trusted individual under the terms of the will. This clause operates in the same way as a gift of any personal property. It is advisable for the will-maker to have discussed the matter with the proposed recipient in advance to ensure they are both willing and able to take on the responsibility. Where appropriate, a substitute recipient should be nominated in the event that the first nominated person is unable or unwilling to accept the gift.

Although pets cannot inherit money directly, it is permissible and often prudent to provide a legacy or conditional gift to the person receiving the pet, to assist with ongoing costs such as food, grooming, and veterinary expenses. The legacy should be clearly described in the will and linked to the condition that the funds are to be used for the care and maintenance of the named animal or animals. While this is not legally enforceable unless structured as a trust, it nevertheless serves as a strong expression of the testator’s intentions.

Where the value of the gift is substantial or the pet is expected to have a long lifespan, a testator may choose to establish a testamentary trust for the benefit of the animal. This trust will usually appoint a trustee — who may or may not be the same person as the pet’s guardian — and provide for distributions from the trust fund to cover the pet’s living and medical expenses during its lifetime. Upon the death of the animal, any residual funds are typically distributed in accordance with a secondary gift provision, often to a nominated charity or residuary beneficiary. Testamentary trusts for animals are a specialised area and should be drafted with the assistance of a solicitor to ensure compliance with relevant rules, including the rule against perpetuities.

If no specific provision is made for the pet in a will, then the animal will form part of the residuary estate and pass to the residuary beneficiary (or beneficiaries) under the terms of the will. If the will is silent, and the estate is distributed on intestacy, the pet will form part of the general estate property. This may not reflect the deceased’s true wishes and could result in the pet being surrendered to a shelter or placed with someone unwilling or unable to care for it. For this reason, express and detailed provision is strongly recommended.

Certain animals — including some species of birds, reptiles, and exotic pets — may live for many decades, even beyond the typical trust period permitted under some legal jurisdictions. When creating a testamentary trust for the benefit of such animals, it is essential to ensure that the terms of the trust do not inadvertently breach the rule against perpetuities, which in many jurisdictions limits the duration of trusts to 80 years. Legal advice should be obtained to ensure that the structure proposed will remain legally valid throughout the intended period of operation.

Why This Matters More Than You Think

We’ve seen families fall apart over who gets the family dog.

We’ve also seen beautiful stories where someone’s wishes — clearly set out in their will — ensured a pet went to someone who truly loved them, with money to care for them long-term.

Don’t leave it up to chance. A properly drafted will speaks for you when you no longer can.

Let’s Make Sure Your Fur Kids Are Looked After

At AviorLaw, we make wills that are:

• Straightforward

• Legally valid in WA

• Tailored to you — your family, your values, your pets

You don’t need to be wealthy. You just need to care.

Book a Will Appointment Today email us at info@avior.com.au

We’ll help you protect everyone you love — two-legged or four.

📍 Based in Western Australia, AviorLaw offers fixed-fee estate planning services, including wills, Enduring Powers of Attorney, and pet provisions. Available via video consults or in-person.

The stories shared in this article are fictionalised for illustrative purposes. While they are inspired by real-world legal issues encountered in wills and estate planning, all names, characters, and specific details have been changed or created for educational and privacy reasons. They do not depict any actual person or client of AviorLaw.

This article is intended for general information only and does not constitute legal advice. For personalised estate planning advice, please contact AviorLaw directly.