The following Roles and Responsibilities of the Pet Guardian shall apply and form an integral part of this WILL.
01
Legal Position in India
No Indian statute specifically recognises a “pet guardian”. The role arises from the will and the general law on animal care.
Under the Prevention of Cruelty to Animals Act, 1960, every person having the care or charge of an animal must take all reasonable measures to ensure its well-being and prevent unnecessary pain or suffering. This duty applies to the guardian once the pet is in his or her care.
The same Act treats abandonment of an animal by its owner as cruelty.
A pet is treated as property. It cannot be a beneficiary under a will or a trust, because a beneficiary must be able to enforce the trust against the trustee.
The usual route is a bequest in the will to a trusted person, or to a recognised animal welfare organisation, with clear instructions that it be used for the pet's benefit.
02
Roles and Responsibilities of the Pet Guardian
Accept the role willingly, with prior consent.
Take the pet into his or her care and provide food, water, shelter, exercise and companionship.
Arrange regular veterinary care, vaccinations and treatment when the pet is ill.
Use the money left for the pet only for the pet's care, and keep a record of expenses.
Follow the owner's written instructions on diet, routine, medical history and end-of-life wishes.
Never abandon or neglect the pet.
If unable to continue, rehome the pet through the alternate guardian or a recognised animal welfare organisation.
Attend to any municipal licensing or registration required for the pet.
03
Drafting Points for the Will
Name the guardian with his or her consent, and name an alternate guardian.
Set aside a realistic sum for the pet's care.
Consider a trust for accountability, with a human trustee.
Record the pet's routine, medical details and the owner's wishes in a letter of instructions.
