
Can Your Pets Inherit Your Assets in South Africa?
For many South Africans, pets aren’t just animals, they’re family. From Labradors in Cape Town to parrots in Pretoria, the love for our furry, feathery, and scaly companions runs deep. So naturally, when thinking about estate planning, a big question emerges: Can your pets inherit your assets?
The short answer: legally, no.
Understanding Wills in South Africa
A will is your legal roadmap for what happens to your assets after you pass away. It can cover everything from property and vehicles to bank accounts, but pets are treated differently under South African law.
To make a valid will in SA, the Department of Justice advises you must:
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Be at least 16 years old.
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Have your will handwritten, printed, or typed.
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Sign every page, with two competent witnesses (14 years or older) signing as well.
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Ensure beneficiaries don’t act as witnesses, otherwise, they forfeit their inheritance.
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Clearly identify beneficiaries and specify what each receives.
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Appoint an executor to manage your estate and distribute assets responsibly.
But here’s the catch: pets cannot be listed as beneficiaries. They are legally classified as property, similar to a car or a home.
So, How Can You Provide for Your Pets?
Just because pets can’t inherit doesn’t mean they’re left out. South African law allows pet owners to set up testamentary pet trusts.
A pet trust works like this:
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You allocate funds specifically for your pet’s care.
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Appoint a trustee who is both trustworthy and responsible.
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The trustee uses the funds to cover food, medical care, grooming, and other needs, following your instructions.
Alternatively, you can designate a caregiver in your will someone you trust to look after your pet’s day-to-day wellbeing. Ideally, this is a person who already knows your pets’ routines and temperament.
What Details Should You Include?
The more information you provide, the smoother the transition for your pets. Consider including:
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Veterinarian contact details.
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Allergies, dietary requirements, and medications.
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Medical history and vaccination records.
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Behaviour around children, strangers, and other animals.
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Exercise, grooming, and general care routines.
The goal is simple: make it easy for the trustee or caregiver to continue your pets’ lives as you intended.
Why Planning for Pets Matters
Failing to provide instructions for your pets can create chaos. Beneficiaries may be unwilling or unable to care for them, and without clear guidance, pets may end up in shelters or worse.
In South Africa, pet trusts and careful estate planning are the best ways to ensure your animals remain happy and cared for, even after you’re gone.
Pets are more than possessions, they’re family. While they can’t inherit money directly, legal structures like pet trusts or appointed caregivers allow you to safeguard their wellbeing.
Speak to a qualified attorney to draft or update your will to include your pets’ care. With proper planning, your furry friends will continue to feel loved, safe, and pampered, just as they deserve.
Source: The South African
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