Pets rank higher than finances and relationships in many New Zealanders' emotional lives, yet only one in 20 wills include them. Here's how the law treats pet estate planning.
In New Zealand, pets are treated as property under the law — meaning they cannot be left money or assets directly. Yet for many owners, animals are among the most important members of the household. A gap appears to exist between how New Zealanders feel about their pets and the legal steps they take to protect them.
Only about one in 20 wills written by Public Trust customers included pets, according to the state-owned trust. The figure rose to around 10 percent for millennial women, Public Trust chief executive Glenys Talivai said.
"Pets are beloved members of the family — we buy them organic food, heated blankets, special shampoo and toys," Talivai said. "But while we invest in their day-to-day wellbeing, most people still haven't made clear plans for what would happen to their pets when they die."
How pet estate planning works in New Zealand
Because pets are classified as property, owners cannot leave a sum of money directly to an animal. However, the law does allow several practical arrangements:
- Nominate a caregiver: An owner can name a specific person in their will to take responsibility for the pet.
- Leave funds for care: Money can be left to the nominated person to cover the pet's ongoing needs — food, veterinary care, and other expenses.
- Statement of wishes: While not legally binding, a statement of wishes can detail how the owner wants the pet to be cared for — including diet, medication, daily routines, and favourite treats.
"One of our customers has planned this carefully, finding the right home for each of her pets — with her axolotl going to one sister and her cat to another," Talivai said.
Common assumptions that can cause problems
One frequent assumption is that a friend or family member will simply take on a pet when the owner dies. Talivai said this was not always straightforward.
"Who is that person? Are they able to provide the care your pet needs? It's best to check," she said. Public Trust sometimes found that family members were not able to look after pets that a will had left them, which could create difficult situations.
Another common assumption was that pets would not outlive their owners. "There's also a common assumption a friend or family member will take on the pet when the owner dies," Talivai said. "But who is that person?"
Research suggests the emotional bond between New Zealanders and their pets runs deep. In a survey of more than 1000 New Zealanders, pet owners told Public Trust they were more emotionally invested in their pets than their love life, finances, career, friends or extended family — ranking pets only behind children, grandchildren and a significant other, according to Public Trust.
Having the conversation
Like any estate planning decision, the key is ensuring the intended recipient is willing and able to step in. Owners are encouraged to discuss their plans with the person they wish to nominate before writing it into a will.
For owners who do not have a suitable person to leave their pets to, options such as the SPCA's Giving Hearts Pet Legacy Plan exist as a way to ensure animals are cared for after the owner's death.
This article is for general information only and is not personalised financial advice. Seek advice from a licensed financial adviser (registered on the FSPR) for guidance specific to your situation.