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Thread: A sombre question, but ...

  1. #11
    Wise Old Thumper Santa's Avatar
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    Quote Originally Posted by SarahP View Post
    I suppose what I'm thinking is, you wouldn't want it to be big shock to someone to suddenly find themselves named in a will as being responsible for the pets, rather than it being discussed in life (since the person had obviously taken the time to think it through and put it in the will).
    Thinking about it, how quickly after death does a will get found/read/sorted? Animals are something you'd have to sort pretty quickly aren't they - would it be too late by the time the will is read, unless the people already know and the will is just formalising it/giving them some money for it.
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  2. #12
    Wise Old Thumper SarahP's Avatar
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    Quote Originally Posted by Santa View Post
    Thinking about it, how quickly after death does a will get found/read/sorted? Animals are something you'd have to sort pretty quickly aren't they - would it be too late by the time the will is read, unless the people already know and the will is just formalising it/giving them some money for it.
    Yes, I was thinking exactly the same thing. Then realised that I didn't know!
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  3. #13
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    I have a Home for Life Agreement with the RSPCA and I had to make a will and I have left them an amount, if there is anything left. I carry a card in my purse to this effect. I did this years ago and keep meaning to ring them to make sure it is still valid.

  4. #14
    Wise Old Thumper MightyMax's Avatar
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    Quote Originally Posted by SarahP View Post
    I still think it would be vague if it were 'whatever pets I happen to have at this time'. But maybe that's just me!

    I think I'm just confused as to the sorts of things that people are actually writing, beyond 'return to the rescue'. If the pets were to be looked after by a certain person, that shouldn't really need to be written in a will if you've made an agreement with the person previously before writing it in the will
    .

    Obviously speak with the person and get an agreement with them, but if it's not in the will, then anyone can dispute it and it may never happen as you wish.

    When you say 'return pets to rescue' ... If pets from different Rescues are now bonded, how would that work? Split them up because that's what's written in your will?

    It needs to be thought out ...
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  5. #15
    Wise Old Thumper SarahP's Avatar
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    But anything you write in your will isn't enforceable anyway. It's surely only your wishes put into writing.
    Sarah.

    RIP Dusty and Clover xxx
    Harry hamster
    Misty and Pearl guinea pigs

  6. #16
    Wise Old Thumper MightyMax's Avatar
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    Quote Originally Posted by SarahP View Post
    But anything you write in your will isn't enforceable anyway. It's surely only your wishes put into writing.

    What would be the point of making a legal will if it's not enforceable?

    It can be contested, sure, but it's still your legal 'will' and not 'wishes'.
    Wishes are not legally binding.
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  7. #17
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    I suppose for animals in particular though, if I leave all my animals to my dad, he's entirely within his rights to say 'no thank you, I don't want them' and no-one could force him to take them? Or if my will says someone is to take them and not rehome them, their own circumstances could easily change so they couldn't do that. So in that respect I don't think it's as easy as splitting other parts of the estate.
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  8. #18
    Wise Old Thumper SarahP's Avatar
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    Yes exactly. It isn't enforceable. You are only stating your wishes very firmly by putting them in a will. If circumstances change, or the person just doesn't want to deal with the care, it isn't legally binding.
    Sarah.

    RIP Dusty and Clover xxx
    Harry hamster
    Misty and Pearl guinea pigs

  9. #19
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    Quote Originally Posted by MightyMax View Post
    Obviously speak with the person and get an agreement with them, but if it's not in the will, then anyone can dispute it and it may never happen as you wish.

    When you say 'return pets to rescue' ... If pets from different Rescues are now bonded, how would that work? Split them up because that's what's written in your will?

    It needs to be thought out ...
    We regularly had this when I was with the RSPCA. Generally the adopter would discuss with both rescues, put us in touch and we’d decide who was best to take them back. Guess this would be the same situation.

  10. #20
    Wise Old Thumper MightyMax's Avatar
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    Quote Originally Posted by SarahP View Post
    Yes exactly. It isn't enforceable. You are only stating your wishes very firmly by putting them in a will. If circumstances change, or the person just doesn't want to deal with the care, it isn't legally binding.

    I think naming one person only in a will, even if they've agreed, is risky. You need a couple of back up plans in there as well. Even a Rescue might not be viable when the time comes.

    If you don't put anything in there, goodness knows what would happen to them at the hands of the Executor
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