What Happens to Your Pet When You Die? A Guide to Estate Planning for Pets in Queensland

What happens to my pet when I die?

It’s a question more Australians are asking as pets become cherished family members. Without a clear plan, your beloved animal could end up in a shelter, with strangers, or even be put down. That’s why including your pet in your estate planning isn’t just a kind gesture—it’s a necessary step to ensure their safety and care after you’re gone.

With an estimated 28.7 million pets across the country, pet estate planning is becoming more common and more important. Whether you’re in Brisbane, the Gold Coast, or beyond, a little planning now can make all the difference to your pet’s future.

Pet Estate Planning in Queensland: What You Can Do

When planning for your pet’s future, Queenslanders have a few reliable legal avenues. Each offers different levels of control, legal enforceability, and cost.

Including Pets in Your Will

The most straightforward way to provide for your pet is to include them in your Will. This might involve:

• Naming a trusted person to take your pet
• Leaving a sum of money for the pet’s care
• Writing down specific instructions for their health and daily needs

Be aware that this approach comes with certain drawbacks. Once the person receives your pet and the funds, there’s no legal obligation for them to use that money as intended. That’s why it’s crucial to have open conversations with anyone you plan to nominate.

Creating a Testamentary Trust for Pets

If you want greater certainty, a testamentary trust offers more structure. While Queensland doesn’t have laws specifically for “pet trusts,” you can still create a trust within your Will that:

• Allocates money for pet care
• Designates someone to oversee and distribute the funds.
• Designates a separate pet carer

This option is ideal if your pet has special needs or a long lifespan. The trustee has a legal duty to ensure the funds are used as intended, adding a layer of accountability that simple Will clauses may lack.

Legacy Programs with Animal Charities

Some organisations offer lifetime care programs for pets whose owners have passed. In Queensland, options include:

• RSPCA Queensland’s Home Ever After Program
• AWLQ’s Legacy Pet Program
• Breed-specific or private animal rescue programs

These programs typically require a donation or bequest in your Will and offer lifetime care or rehoming. They’re particularly useful for people without friends or family willing to take over pet care.

Here’s a quick comparison of pet estate planning options:

Option	Legal Strength	Cost	Best For
Will Provision	Moderate	Low	Owners with trusted carers
Testamentary Trust	High	Moderate	Pets with complex or expensive needs
Charity Legacy Program	High	Varies	Owners without reliable caregivers

How to Create an Effective Pet Estate Plan

Now that we’ve covered the options, here’s how to make sure your plan works in practice.

Step 1: Document Your Pet’s Routine and Needs

Don’t leave the guesswork to future carers. Create a pet profile that includes:

• Vet details and medical history
• Dietary habits and allergies
• Favourite toys, routines, and social needs
• Known fears or behavioural quirks
• Medications and dosages

This guide doesn’t need to be legally binding. But it helps ensure a smoother transition for your pet when the time comes.

Step 2: Choose the Right Guardian

Selecting a carer isn’t just about choosing someone who likes animals. Consider:

• Their lifestyle (do they travel often?)
• Their housing situation (rental restrictions?)
• Compatibility with your pet (especially for exotic pets)
• Willingness and long-term commitment

Most importantly, have an honest conversation. Never assume someone will be available or willing without asking first.

Step 3: Allocate Enough Money

Care costs can add up quickly. You may use this formula as a guide:

(Weekly cost × 52 weeks) × pet’s expected years of life left + 20% buffer

This covers:

• Food
• Vet care (including emergencies)
• Grooming
• Medications
• Other lifestyle needs

For example, if your dog costs $80/week to maintain and has an estimated 8 years left to live:

Expense	Calculation	Amount
Weekly cost of care	$80 × 52 weeks	$4,160/year
Estimated cost over 8 years	$4,160 × 8	$33,280
Buffer (add 20%)	$33,280 × 0.2	$39,936

Total suggested allocation: $39,936

Step 4: Plan for Emergencies and Incapacity

Don’t wait until it’s too late. Consider what happens if you’re in an accident or hospitalised:

• Carry a wallet card indicating you have pets at home
• Create a short-term care plan with a neighbour or friend
• Use an Enduring Power of Attorney to give someone the authority to access funds for pet care

These small steps can prevent your pet from being left alone or surrendered in a crisis.

Tailoring Your Plan to the Type of Pet

Different animals have different care requirements. Let’s look at a few specific considerations.

Dogs and Cats

For household pets:

• Plan for separation anxiety
• Consider lifestyle fit with the new owner
• Account for breed-specific health issues

Birds, Reptiles and Exotic Pets

These pets often live much longer and require specialist care:

• Birds like parrots can live 40+ years
• Some reptiles need specific humidity and temperature environments
• Not all carers or charities are equipped to handle these species

Be prepared to appoint multiple successive carers and set aside extra funds for special enclosures or vet care.

Horses and Livestock

Large animals need considerable space, food, and care:

• Boarding can cost thousands per year
• Fewer carers have the ability or land to accommodate them
• Consider whether the animal could be sold or gifted with conditions attached

Avoiding Common Pitfalls

Here are some mistakes Queensland pet owners often make:

• Underestimating costs: A few thousand dollars might not be enough, especially for older or high-maintenance pets.
• Naming someone without asking: The person you trust most may not have the means or time to care for your pet.
• Not planning for the probate gap: Wills can take months to be executed. Make sure pets have someone to care for them immediately.
• Forgetting to update your plan: Pet needs change. So do relationships. Revisit your plan regularly—especially after major life events.

Conclusion

Your pet relies on you entirely—for love, for shelter, for their next meal. Without proper estate planning for pets, you leave their future uncertain. Whether it’s a short-term emergency or permanent absence, taking the time now to formalise a plan is an act of love that ensures your animal companion will always be safe and cared for.

At ROC Legal, we understand how deeply our clients care for their pets. We provide bespoke estate planning solutions that include tailored provisions for your pets, ensuring their care and comfort continue long after you’re gone. From drafting testamentary trusts to advising on pet legacy programs, we offer compassionate, practical legal support. Our expert Brisbane and Gold Coast Estate Planning Lawyers are committed to helping you build an estate plan that reflects your love for all your family members. Contact us today to start the conversation.