You asked, we answered: who will look after my horse when I die?

Members of Birketts’ Equine Team recently attended the National Equine Show at the NEC in Birmingham, where they were met with a variety of interesting questions and horse related enquiries from members of the public. Over the next few months, we’ll be answering some of the questions in detail in our ‘you asked, we answered’ series which you can find on our equine website page.  

One of the key considerations for any horse owner is what will happen to their horse when they die. Sometimes there is not an immediately obvious answer, there may be no other family members with a keen interest in horses, or no-one with the available funds or space to take on the responsibility. There are many issues to consider when determining the best person for the job and how to deal with the various financial and practical matters. Whilst this article specifically addresses horses, its contents apply to any other animal owned by the testator.  

The first consideration is whether there is anyone the owner knows who would be appropriate to inherit a horse. The suitability of an individual to inherit a horse will depend on a number of factors, such as that person’s experience in looking after a horse, whether that person has sufficient time to commit to the role and the obvious financial impact being responsible for a horse will have.  If there is someone that fits the bill, the best way to provide for this is in a Will.  

At this stage, it is worth noting that from a legal perspective a horse is considered to be an individual’s ‘personal chattel’. There is a statutory definition of personal chattels, contained at section 55(1)(x) of the Administration of Estates Act 1925, which specifically includes an individual’s ‘carriages, horses, stable…’. The statutory definition of personal chattels was amended by Section 3 Inheritance and Trustees’ Powers Act 2014 which provides a more modern definition that covers all ‘tangible movable property’. The new definition, which impliedly, rather than expressly, includes horses, applies to deaths on or after 1 October 2014 and to Wills executed after this date, subject to any modification of the statutory definition contained in the Will.  

If I don’t have a Will what would happen to my horse?  

If you die without having made a Will, your estate, including your personal chattels, passes in accordance with statutory rules that govern the administration and distribution of a person’s estate. Briefly, this would result in a surviving spouse, if there is one, inheriting personal chattels and failing this, your children. If there are no children, then it would pass to parents and failing that, siblings. This might not result in the best person caring for your horse or horses and could lead to a dispute where more than one individual in a class of beneficiaries, such as children, would like to inherit a horse. It would similarly be an issue if no-one is able or willing to care for the horse on a continuing basis. It is therefore best, both from a practical perspective and for the welfare of the horse or horses, for the Will to make express provision for them. 

How should I consider having my Will drawn to provide for a gift of my horse?  

There are various options to be considered when having your Will prepared to leave the legacy of your horse to an individual and, in many cases, you may also wish to ensure there is adequate financial provision for the recipient. Typically, such a legacy is prepared in one of the following ways. 

1. The horse is left to a named individual, together with a cash sum, with a request that the individual deals with both the horse and the cash sum in accordance with a note of wishes. Typically, the cash sum is intended to assist with the costs of looking after the horse and the testator will also name a replacement recipient of the horse if the first-named individual is unwilling or unable to care for the horse. 

2. The horse and a cash sum are left to a named individual with the proviso that the recipient must undertake to care for the horse. If the recipient does not provide an undertaking to look after the horse, the horse and the cash sum would pass to a replacement individual. 

3. If there is no appropriate individual, the horse and a cash sum are left to an appropriate charity with a direction that the charity shall find the horse a suitable home. One such charity is World Horse Welfare, which runs an equine rescue and rehoming scheme. The charity’s deputy chief executive, Tony Tyler, says, “we do occasionally bring in horses whose health is at risk of deteriorating because the owner has died, and a friend or family member has ended up taking on the horse but without the knowledge or financial means to properly care for the horse. This lack of knowledge is particularly concerning because the welfare of a horse can decline quite rapidly if their needs aren’t being met. These are not neglectful or cruel individuals, but well-meaning people who have found themselves in a situation they can’t manage. This is why we actively encourage all owners or keepers of horses to make a plan in the event that their horse outlives them.” 

There are of course specific considerations around drafting a legacy in any of these ways and advice should always be sought to ensure your wishes can take effect.  

It is important to note that any specific reference to a horse in a Will would mean that if the horse dies during the testator’s lifetime, the gift will fail. It is therefore important that the testator updates his or her Will if a ‘replacement’ horse or an additional horse is acquired during the testator’s lifetime. Alternatively, the Will can be prepared to ensure any ‘substitute’ horse is covered.  Otherwise, any ‘replacement’ horse would form part of the residuary estate. 

It is also possible to prepare a side letter to the Will to set out any requirements for care. It would also be helpful to note important contact information, such as the details of the policy of insurance for the horse and the vet and to provide confirmation as to where to find the horse’s passport. In the case of World Horse Welfare, they provide a comprehensive form to complete to ensure that they are fully versed with all of the horse’s usual day-to-day routines to safeguard the care of the horse.  

It is recommended that, if you have a horse, or any other animal, that will require care after you pass away, you review your Will to ensure that it adequately deals with who will receive your horse and that it makes adequate financial provision for them to provide certainty. This will provide you with a great deal of comfort and will be in your horse’s best interests.   

Our Equine team at Birketts understands the key concerns you may have to ensure your horse’s wellbeing following your passing and would be happy to speak to you in relation to this or other amendments to your Will.   

The team are regularly releasing articles on our Equine website page, you can head there now to see our most recent articles on employment issues in the equine industry and what to do if you get saddled with a dud.  

Future ‘You asked, we answered’ articles will cover topics including: 

• Advice on planning and change of use to convert agricultural buildings or stables to residential properties 
• What your options are when a bespoke, made to measure saddle, doesn’t fit 
• What happens if your horse injures another person or another horse 
• A guide to your options when occupying land with no known owner  
• Advice on what to do if you’re met with a defaulting livery