Where There’s a Will By Wendy Elks, with the Equine Team from law firm Jansen, Walsh and Grace.
Owning and caring for a horse is a massive commitment by horse owners, but what happens to the horses in the case of an ‘owners death’ or incapacitation?
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o one wants to think about dying … why should we, when there’s so much living to do? However, death does happen, and often it’s totally unexpected. Apart from the shock and grief experienced by family and friends after the loss of a loved one, the horse owner leaves behind a set of circumstances that can cause tremendous difficulty and contention: what to do with the horses? Without thoughtful input and firm action taken by the owner before the unforeseen happens, one’s beloved horses can quickly suffer neglect and hardship, either through the ignorance of those left in charge or those burdened by an unwanted responsibility and financial outlay; due to lack of care by others without an emotional bond to the animals, or through misunderstanding or contention about responsibility, or subsequent ownership. A verbal arrangement between two friends over taking a horse, should something happen to one or the other, may seem
enough, but it rarely is: the friend’s partner may not agree to taking on the expense of another horse, the friend may move away, or other circumstances make it impossible. Sitting down and working out what you would want done with your horses, e.g., gifting to a family member, willing to a friend (along with financial provision, to reduce financial burden on the friend), or euthanasia of the elderly, infirmed or otherwise hard-to-home animal, can be decided upon, and the logisitics and responsibilities worked out in advance and put into a legal framework, ensuring clarity and giving peace of mind to all concerned. Kim, a specialist lawyer, keen horse owner and equine consultant with the law firm Jansen, Walsh and Grace in Wantirna, Victoria, shares her expertise on how to provide for your horse when you can no longer do it yourself.
Simple bequest
You may have a family member or relative who is interested in riding to whom you can bequeath your horse in your will on
your death. This is what most people do. The Queen Mother did this. Under her will, she bequeathed her horses to the Queen, knowing that the Queen, who has a keen interest in horses, would look after them. It is more difficult if you have no one whom you can trust to look after your horses if you die, or if you have several horses.