In Singapore, pets are legally classified as property. This means they cannot directly inherit assets or be named as beneficiaries in a Will. Special arrangements have to be made to ensure your furry or feathered family members are cared for after you’re gone.
Since pets are considered property, you cannot leave them money directly in your Will. You can however state who gets ownership of your pet.
What Should You Do Then?
Here is where a pet trust comes in.
A pet trust allows you to:
- Name a caregiver for your pet
- Set aside funds to be used only for your pet’s benefit
- Place legal obligations on the caregiver to follow your instructions
- Work with a Pet Trust Protector to ensure compliance with your original intentions
This way, you can have peace of mind knowing your pet will be cared for, even if you are no longer around.
Are Pet Trusts Legally Recognised in Singapore?
Unlike some countries, Singapore does not have dedicated legislation for pet trusts. They are considered ‘non-charitable purpose trusts’, which serve to benefit a particular individual and can be more complex and raise legal challenges.
If you are hoping to set one up, it is essential to seek professional advice on the best way to go about it.
Who Can Create a Pet Trust?
The Settlor (person creating the trust) can be:
- An individual (such as the pet owner), aged 21 or older, of sound mind, and owns the property to be placed in the trust
- A corporate entity
A pet trust can operate:
- After your death, via a testamentary trust in your Will
- During your lifetime, via a living trust (inter vivos), which can also take effect if you become incapacitated
Types of Pets Trusts
1. Testamentary Trusts
Created through a Will, these take effect only after the trustor’s death and must comply with the Wills Act. You name the pet caregiver in your Will and state that they are to receive your pet as property, along with any funds to care for it.
2. Living Trusts
Created during your lifetime they take effect immediately (or at a specified event, such as incapacity).
Unfulfilled Pet Trust
If the trustee caregiver breaches their duty, a typical beneficiary can file a claim for breach of trust. However, a pet would not be able to make a claim on their own.
To safeguard your wishes, you may appoint a Pet Trust Protector (a trusted friend or professional lawyer) who can oversee the trust’s execution, remove or appoint trustees, and ensure funds are used properly.
As the law on pet trusts in Singapore is still unclear, it is best to consult a lawyer with expertise in estate planning and trust law.
Alternative Solutions
Alternatively, you can:
- Specify a guardian for your pet in your Will, leaving funds for their care.
- Draft your Will so cash is provided only upon the beneficiary agreeing to care for your pet.
- Leave a Letter of Wishes detailing your pet’s care requirements.
Letter of Wishes
Whether your trust is living or testamentary, a Letter of Wishes is a non-binding document guiding the trustee or guardian on how to carry out your instructions.
It may include:
- Identification of your pet (photos, microchip, DNA samples).
- Daily routine, diet, and medical needs.
- Amount of funds and how they should be spent.
- Instructions for leftover funds.
- Final arrangements (burial or cremation).
Assets in a Pet Trust
- Cash
- Investments
- Real Estate
- Personal Property
Key Steps to Ensure Your Pet is Cared For
- Choose a reliable caretaker.
- Appoint a responsible trustee.
- Specify the amount and usage of funds.
- Include the trust in your will or create a stand-alone trust.
- Name a backup caretaker and trustee.
- Review and update the trust regularly.
In Singapore, while pet trusts are not specifically legislated, there are legal structures available to protect your pet’s future. A well-drafted trust, combined with clear instructions and the right people, can ensure your beloved companion is loved and cared for. Let us ease the process for you, and for a peace of mind knowing that your pets are well-taken care of.
The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.
