Can a person create a trust for the maintenance of their pets?

Can a person create a trust for the maintenance of their pets?
Article Related Articles Related Services Publish Date: Jan 03, 2012 The bond between a pet and an owner can sometimes be so strong, that some people have actually named their pets as beneficiaries after their passing. Many of us have probably read or heard stories someone leaving instructions in their will for the maintenance of their pets, and some of us may have even guffawed at such a practice. However, the fact remains, that many people are rather quite attached to the pets and animals that they own, and there may even be a few readers who are wondering if gifts for maintenance can be made to their own animals. Does Australian law actually allow an animal to become a beneficiary? Yes, believe it or not, there are actual laws that deal with such matters, and truth be told, the laws are rather quite interesting. Can I make a gift for maintenance of my pet? The position in Australia is that for the most part, a beneficiary must be a person in order for the courts to decree performance. Furthermore, in order for a valid trust to be created, a gift must be made to a charitable body. So in summary, Australian case law has generally ruled, that a gift must be charitable and drafted for the benefit of an actual person – rather than a gift for the maintenance of an animal. However...all is not totally lost for animal lovers Although case law may have by and large ruled against making a gift of maintenance for a pet, however, the law may not, prevent a person from theoretically providing for the maintenance of a pet in which they have an attachment towards. In the event that an individual wishes that a particular person provide maintenance for their beloved animal, the provision should be drafted in such a way that it cannot be left for others – such as the person providing the maintenance of the animal – to change the conditions, therefore, potentially overriding the wishes of the person making the trust. So if you want someone to provide maintenance for your pet, always make sure you do so carefully. There is no doubt that many of us will develop a close connection to pets or animals that have provided us with company. Furthermore, many of us will understandably want to provide adequate care for our cherished companions after our passing. However, the law in Australia is rather tricky, and the bestowing of a trust towards an animal can be rather complex and for the most part, may be not feasible. If you have any other questions or concerns in regards to wills or estates, always seek the appropriate legal assistance. Back 8 reasons to have a lawyer draft your will Elizabeth Heaney With easy access to cheap and even free will kits why pay a lawyer to draft your will? Bankrupt Estates The most popular warning of wills and estates law is to always have a will. It appears that only two options are available: intestate or testate. But even having a valid will can bring about a new option in dealing with an estate if a deceased had more debts than assets, it is necessary that the estate is treated differently than from a normal administration by virtue of the Probate and Administration Act 1898 (NSW). But he's not capable of Making a Will! One of the essential requirements for making a will is that the testator - the will-maker - has the mental capacity to do so, that they know what they are doing. The same requirement exists for revoking a will, and giving someone an enduring power of attorney does not give the attorney the power to make a will. Can a person create a trust for the maintenance of their pets? The bond between a pet and an owner can sometimes be so strong, that some people have actually named their pets as beneficiaries after their passing. Many of us have probably read or heard stories someone leaving instructions in their will for the maintenance of their pets, and some of us may have even guffawed at such a practice. However, the fact remains, that many people are rather quite attached to the pets and animals that they own, and there may even be a few readers who are wondering if gifts for maintenance can be made to their own animals. Does Australian law actually allow an animal to become a beneficiary? Can I bequeath my heart? Can I write my own will? Craddock Murray Neumann Lawyers Can You Disinherit Your Children? Dominic Wilson Is it is possible to disinherit your children? Some will makers believe it is or should be. Can you prevent a Family Provisions Act claim by careful will drafting? 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An executor’s choices when administering an estate can have a significant effect on the amount of tax paid and who pays the tax. Challenging your parent’s will if they have left a larger portion of their estate to charity than to you. Some of the world’s super rich such as Bill Gates and Warren Buffet have famously left the bulk of their estate to charity and their children only a small fraction of their fortunes. Can you safely leave the majority of your estate to charity? Can you challenge your parent’s will if they have left a larger portion of their estate to charity than to you? Changes to the Intestacy Laws in NSW Dominic Wilson The Succession Amendment (Intestacy) Bill 2009 (“the Bill”) was assented on 9 June 2009. It will come into effect from early next year 2010. The laws will change how estates are distributed if the deceased die intestate, i.e. without a valid will. A person who dies without leaving a valid Will is referred to as “the intestate”. 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Missing Wills and Court Proceedures Most of us realise that it is a smart step to have an appropriate will in place, but its important to make sure that your next of kin knows where the will is kept. If a will cannot be located, the estate will be dealt with as an intestate estate and your assets will be distributed according to the law and not necessarily as you would have wanted. The beneficiaries will also ultimately bear higher expenses. Missing Wills and Court Proceedures Most of us realise that it is a smart step to have an appropriate will in place, but its important to make sure that your next of kin knows where the will is kept. If a will cannot be located, the estate will be dealt with as an intestate estate and your assets will be distributed according to the law and not necessarily as you would have wanted. The beneficiaries will also ultimately bear higher expenses. Mum has left our family home to her new husband – what can we do? 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So needless to say, you won’t be able to clarify your wishes to the parties involved if any misunderstandings do arise. In order to ensure that your executor is able to administer your property and estate in line with your wishes, it’s important to bear in mind that you should always choose your words carefully when drafting a will. The Will fundamentals Craddock Murray Neumann Lawyers Most of the disputes about wills fall into one or the other of two categories. These are either that someone has not been provided for adequately in the will, or that some formality has not been complied with. There's no death duty nowadays, is there? Craddock Murray Neumann Lawyers Premier Jo Bjelke-Petersen of Queensland has been a rather controversial figure in Australian political history, but one of the lesser known facts about him is that he was responsible for the end of death and estate duties in Australia. For many years both the individual states and the Commonwealth imposed death duties, known as estate duty for the Commonwealth version. Premier Jo abolished death duty in Queensland, and the resultant rush of investment into Queensland led to his lead being followed throughout Australia, so there are no death duties as such in our country. UNSIGNED WILL; ORIGINAL COPY OF PREVIOUS SIGNED WILL LOST We acted for the son of the first marriage of the deceased. The second wife of the deceased sought to Probate an unsigned Will. What can a will be written on? In Estate of Slavinskyj (1989), testamentary dispositions written on the back of a packet of cornflakes were held to be valid. What is a will? Craddock Murray Neumann Lawyers What is the role of an Executor? Craddock Murray Neumann Lawyers What on earth does Wills and Estates mean One of the most common complaints about lawyers and the law is the language used, which has even produced its own name, “legalese”. Why is that? What you need to know to make a Will Making a will is probably the last thing on your mind right now. Even as people age and raise a family, the idea that our mortality is potentialy a problem is understandably far away from consideration. However, just as people strive to provide for their family as best they can, it is important to take some time to prepare a plan for the possiility that you may no longer be around for your loved ones. What you need to know to make a Will Making a will is probably the last thing on your mind right now. Even as people age and raise a family, the idea that our mortality is potentialy a problem is understandably far away from consideration. However, just as people strive to provide for their family as best they can, it is important to take some time to prepare a plan for the possiility that you may no longer be around for your loved ones. When should a will be changed? Drafting a will can be a long, complicated process. Once it has been witnessed and filed away for safekeeping, it can be tempting to rarely think about it again. But keeping your will up to date is extremely important. Wills are often made years before a person dies, and there may be significant changes to an estate between when the will was written and when the will is executed. When should a will be changed? Drafting a will can be a long, complicated process. Once it has been witnessed and filed away for safekeeping, it can be tempting to rarely think about it again. But keeping your will up to date is extremely important. Wills are often made years before a person dies, and there may be significant changes to an estate between when the will was written and when the will is executed. When should I make a will? Craddock Murray Neumann Lawyers When someone dies without a will - applications for letters of administration Lucy’s father died some years ago and her mother, Esther died late last year. Lucy has an older sister who lives overseas and a younger brother. After searching Esther’s house high and low and contacting Esther’s lawyers, Lucy was unable to find any will made by her mother. Esther had a house in Petersham, two bank accounts, a superannuation fund, a car and various personal effects. When Esther died she had a modest credit card debt as well as some outstanding utility bills. When you can get a court ordered DNA test? Under s26 of the Status of Children Act 1996 a party to proceedings may apply to the Supreme Court for an order requiring a parentage testing procedure to be carried out for the purpose of obtaining information to assist in determining the parentage of the child. Where there is NOT a Will, There is a Way Around half of all Australians do not have a will, so they will not have a say in what happens to their estate when they die! Surprising, but true. Who will look after your pets? For many, the processes of estate planning involves thinking about their family and loved ones - trying to take their circumstances into account and considering what measures they would like to take to promote their future happiness. Why is it so important to keep your Will updated? A recent decision from the Supreme Court of New South Wales has highlighted the need to keep your Will updated. In the NSW Trustee and Guardian v Ritchie [2011] the NSW Trustee applied to the Court for orders in relation to the administration of the Estate. Why should I get a lawyer to write my will, when a will kit is a fraction of the cost? To begin with if you have a complex asset structure an estate planner will be invaluable in making sure your assets are devolved efficiently and in manner that affects your wishes. But more importantly a lawyer is in the best position to ‘future proof’ your will. That is draft it in a way that reflects your wishes and prevents your will being challenged once you die. Witnessing a will A prominent Cricket fan wishes to make a will, but doesn’t trust anyone associated with the consortium for which he barracks to witness it for him. Wills & Estates Tweet		Search Book An Appointment Make an Enquiry A member of our legal team will contact you as soon as possible * * * Brief description of enquiry: Type the characters below: * Refresh Image