TAKING CARE: Lucky the much loved labrador is looked after for life in Jane's will.
TAKING CARE: Lucky the much loved labrador is looked after for life in Jane's will. Chalabala

Looking after Jane's best-friend

JANE'S best friend is her labrador Lucky and she is concerned about making proper provision for him in her will.

She discusses her wishes with a solicitor who advises her, although some clients ask to include a clause requiring a pet to be destroyed, it is possible to establish a trust in her will to ensure Lucky is properly looked after.

The trust could grant the persons caring for Lucky the right to occupy Jane's home as long as the dog is alive and remains in the house.

Terms of the right to occupy the home should clearly specify the right ends when Lucky is no longer living there.

It is important to consider an appropriate executor to administer the trust.

Carers should be specifically named and alternative carers also appointed.

Jane is advised it's preferable to make the ultimate sale of her home conditional upon obtaining consent from the persons looking after Lucky.

The solicitor explains a case was reported where a pet was fraudulently replaced by the carers after the pet's death with one that looked similar to prolong the carers ability to reside in the home.

The solicitor recommends Lucky be microchipped and registered to mitigate this risk.

It's also important Jane's will makes funds available to meet the costs required to cover Lucky's expenses, to maintain the house and pay the outgoings such as council rates and home insurance.

She is advised of the further option of giving money under her will to Lucky's carers and express a non-binding wish that upon accepting the gift they care for him.

For Manny to address a legal issue write to manny.wood@ticliblaxland.com.au or call 6648 7487.