Why Your Pet Needs a Place in Your Will and Enduring Powers of Attorney?

Pets are another member of the family, right? Sadly, in legal terms, they’re not treated that way.

If you became unwell or died unexpectedly, who would care for your pet? Like so many legal situations, the answer isn’t as straightforward as you might assume. Under New Zealand law, pets are classed as property, which means no one has an automatic right or responsibility to look after them unless you’ve made a plan.

Here’s what that actually means, and why it matters for your legal documents.

Pets are considered property under New Zealand law

In legal terms, pets are treated as chattels, which are a type of personal property, like your car or your furniture. This idea comes from long-standing common law principles and is still the way courts handle pets in legal disputes today.

Even though the emotional bond with a pet is strong, and your pet is your fur-baby, the law doesn’t treat animals as legal persons or family members. Sadly, that has real implications when it comes to incapacity or death.

There’s no automatic “guardian” for your pet if you lose capacity

If you became seriously unwell or had an accident and couldn’t make decisions for yourself, your pet could be left in limbo. Unless someone you trust has legal authority to act for you under an Enduring Power of Attorney in relation to Property, there’s no clear pathway for what happens to your pet’s day-to-day care, or who can make decisions on their behalf.

Unlike children, pets don’t automatically get assigned a legal guardian.  And there’s no law that says a family member or friend must step in.

Your Will needs to say what happens to your pet when you die

Because pets are considered property, they need to be gifted in your Will like any other personal item. If your Will is silent, your pet becomes part of the “residue” of your estate, which may not align with your intentions.

Ultimately the consequences for your beloved pet could be:

• Rehoming with a friend or family member (if someone’s willing)

• A temporary stay at the vet or SPCA

• Being passed on like any other item of property

If you have someone in mind to care for your pet, it’s worth writing that into your Will and leaving a suitable amount of money for their ongoing care.

Trusts, relationship property, and estates all treat pets as assets

In the context of a family trust or a relationship separation, pets are still treated as property. The Property (Relationships) Act 1976 includes pets in the list of assets that can be divided, just like household contents.

In estate planning, they’re managed just like any other item that needs to be transferred, sold, or assigned to someone. If no instructions are given, executors have no obligation to keep or care for a pet personally.

The Animal Welfare Act protects animals—but doesn’t override property law

The Animal Welfare Act 1999 ensures that pets and animals are treated humanely, but it doesn’t give them legal status as dependants or individuals with rights.

That means while cruelty or neglect is a legal offence, the law won’t intervene to assign someone to care for your pet unless you’ve already made arrangements through your own legal documents.

What you can do

If you want to make sure your pet is looked after, you don’t need anything complicated—but you do need a plan.

Here are a few simple steps:

• Name someone in your Will to take over care 

• Leave a small amount of money to help cover food, vet costs, and essentials

• Include your pet in your Enduring Power of Attorney so they’re looked after if you lose capacity

If your pet relies on you, it’s worth putting something in place so they’re not left waiting or passed on without care.

Not sure where to start?

If you’d like to update your Will or EPA to include your pet, or want to know what’s possible, I’m happy to walk you through it. It’s doesn't have to be complex, it’s about giving you peace of mind.

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