Legal limits, real risks, and how owners can plan responsibly
Indian law treats pets as property, making drafting and oversight critical.
A will usually include children, spouses, and property. But what about pets that are increasingly becoming integral part of families. A growing number of Indian pet owners are now wondering who will look after their pets when they are no longer around. Can they leave assets in their name? Experts say the answer lies in careful drafting rather than sentiment alone.
Pets cannot inherit, but care can be planned
Indian law does not recognise pets as legal persons capable of owning property.
“Under the Indian Succession Act, 1925, pets are treated as personal property and not as heirs, so a will cannot leave assets directly to a pet,” says Shraddha Nileshwar, head of will and estate planning at 1 Finance. Any provision “to a pet” has to be routed through a human caregiver or a trust.
Mayank Arora, advocate and partner at Chambers of Bharat Chugh, said that even under trust law, beneficiaries must be capable of holding property. “At best, instructions for pet care operate as conditional or honorary directions that rely on a human legatee or trustee to carry them out,” he says.
Common drafting mistakes to avoid
Experts say disputes usually arise due to vague or emotionally drafted clauses.
According to Nileshwar, frequent errors include naming the pet as a beneficiary, failing to identify a primary and backup caregiver, not accounting for the pet’s remaining lifespan, and leaving broad instructions such as “take care of my dog” without specifying funds, duration or oversight.
Sachin Bhandawat, partner at Khaitan & Co, adds that poorly structured clauses often become unenforceable, defeating the owner’s intent despite genuine concern for the pet’s welfare.
How owners typically provide financially
In practice, most owners appoint a trusted individual to take responsibility for the pet, supported by a specific financial allocation. This may be a fixed sum, a percentage of the estate, or periodic allowances supervised by the executor, says Bhandawat.
Nileshwar suggests estimating costs based on the pet’s age, breed and health. Annual expenses for food, routine veterinary care and grooming can range from ~50,000 to ~1.5 lakh, excluding emergencies. Owners are advised to multiply this by the pet’s expected lifespan and add an inflation buffer. Some also use pet insurance to manage medical costs.
Arora points to well-known examples where owners entrusted long-time staff or family members with both the pet and adequate funds, underlining the importance of choosing a reliable caregiver.
When does a private trust make sense?
For larger estates or long-lived pets, a private trust may offer better oversight.
“A trust allows funds to be disbursed periodically and monitored, reducing the risk of misuse,” says Nileshwar.
However, trusts involve setup costs, ongoing compliance and taxation, and still rely on human beneficiaries to enforce the arrangement.
Suresh Surana, chartered accountant, says that while Indian courts have recognised animal welfare obligations, there is no dedicated “pet trust” regime yet. Clear documentation and enforceable conditions remain critical.
Lessons from past
Nileshwar cites cases where vague instructions led to funds being diverted and pets inadequately rehoused. The lesson, experts say, is detailed drafting, realistic budgeting and clear accountability are essential to ensure a pet’s care does not depend solely on goodwill after the owner’s lifetime.
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