Pawsome Wills
After Ratan Tata bequeathed a huge sum of money for the care of his pet dog Tito in his Will, several Indian pet parents are jumping onto the bandwagon and exploring similar possibilities
By : Roseina Coutinho
Update: 2024-11-03 19:45 GMT
When the late business tycoon cum philanthropist Ratan Tata (86) left a huge sum of money for the “unlimited care” of his pet dog Tito in his Will, it became a subject of household conversations and international headlines. Leaving assets for pet care in the Will is a common practice in the US and some European countries. But the trend is picking up in India too. Actor-businesswoman Kylie Jenner has left a staggering £14 million of her £900 million fortune to her seven pets. TV personality Simon Cowell has bequeathed £20 million of his BIG fortune to his dogs, not his sons! Rumours are rife that fashion giant Karl Lagerfeld left a whopping £150 million fortune to his beloved cat, Choupette. An Indian businessman’s son, an animal lover, too, has huge sums of money kept aside for the welfare of his furry friends.
Although pets cannot inherit property or any assets directly as per Indian laws, there are ways to leave funds (pet shelters or trusted caretakers) who will then take care of your beloved pet long after you are gone. This trend is surging in metros like Mumbai, Delhi, Pune, Hyderabad, and Bengaluru. Currently, the internet is buzzing with Tata-Tito searches and pet parents trying to seek advice on how they can bequeath money for the lifelong care of their furry friends.
Dog Willingly
Many pet parents don’t consider their pets as ‘animals’ but “family members.” But do pets qualify as beings to inherit or be a part of a Will in India? Advocate Kritika Oberoi draws a fine line of distinction between a Will and a Trust. She explains that a Will serves as a legal declaration in which the Testator (person making the Will) pens down his desire to leave his property to the desired persons so mentioned. The same under a Trust would mean repose confidence in another person (the Trustee) to take care of the beneficiaries named in the Trust. So, do pets qualify as beneficiaries?
— Advocate Kritika Oberoi, Delhi High Court
Dog Willingly
Many pet parents don’t consider their pets as ‘animals’ but “family members.” But do pets qualify as beings to inherit or be a part of a Will in India? Advocate Kritika Oberoi draws a fine line of distinction between a Will and a Trust. She explains that a Will serves as a legal declaration in which the Testator (person making the Will) pens down his desire to leave his property to the desired persons so mentioned. The same under a Trust would mean repose confidence in another person (the Trustee) to take care of the beneficiaries named in the Trust. So, do pets qualify as beneficiaries?
Advocate Kritika Oberoi explains that as per the Indian Trusts Act of 1882, every person capable of holding property may serve as a Beneficiary. Here, the important words are ‘capable of holding property.’ “Indian law considers animals themselves to be property, hence they cannot directly receive any inheritance,” she says.
This is a common practice in the USA, India is still back in the race there. However, given the love people have for their furry babies today, she believes it isn’t far when India too has some clear rules in place for pets to inherit directly.
This is a common practice in the USA, India is still back in the race there. However, given the love people have for their furry babies today, she believes it isn’t far when India too has some clear rules in place for pets to inherit directly.
She speaks of ‘Pet Wills’ as a legal document that allows pet owners to specify how their pets should be taken care of after they pass away. “It is similar to a traditional Will but it is designed specifically to address the care and well-being of a person’s fur friends,” she says.
A person may be unable to give one’s wealth directly to pets, but they can route it through a Trust. With instructions to the administrator of that Trust to use the proceeds for the ‘eternal care’ of the pet. Basically, you name a human as the trustee who takes a portion of the Trust as a payment for administering it. In the case of Tito, Tata’s trusted cook, Rajan Shaw, has been given the responsibility and resources to take care of Tito’s needs till the end.
Growing Love Culture
Dhiraj Tejwani, CEO, the Youth Organisation in Defence of Animals (YODA) speaks of how Indian society has two extremes. Some make advance plans for their pets post their demise, while others do not have an iota of empathy. “I think it all comes down to how we’re raised and our values. Some people treat animals as family members while for others, empathy towards animals just doesn’t come naturally.” He feels that compassion towards animals needs to be instilled early on in life.
Growing Love Culture
Dhiraj Tejwani, CEO, the Youth Organisation in Defence of Animals (YODA) speaks of how Indian society has two extremes. Some make advance plans for their pets post their demise, while others do not have an iota of empathy. “I think it all comes down to how we’re raised and our values. Some people treat animals as family members while for others, empathy towards animals just doesn’t come naturally.” He feels that compassion towards animals needs to be instilled early on in life.
Meenal Rajda, Co-Founder, YODA is optimistic that over the years there have been changes in terms of attitudes and approaches towards animals. “Many people now make the effort to care for strays with communities and residential societies coming together to vaccinate, feed and look after animals.” However, she feels that awareness is needed around co-existence with community animals.
Many housing societies have rigid rules against feeding stray animals and restricting their entry into certain places. It may be mentioned here that the Tata Group’s headquarters in Mumbai, Bombay House is not just open to humans but also to strays who are given free food and shelter 24/7.
Pet Parents Speak
Pet parents in India seem to be hopeful that they could avail some legal provisions to secure the future of their pets after their demise. Maria Valentina, a pet parent from Mumbai says, “I certainly plan on having my cats taken care of once I am not here. I believe that’s the least I can do for them.” Advocate Kritika shares that having a ‘pet care provision’ in any Will is not legally mandatory, but highly recommended today. She explains that these provisions could range from anything like ensuring the well-being of pets to allocating funds in terms of their maintenance.
"Indian law considers animals themselves to be property, hence they cannot directly receive any inheritance.”Pet Parents Speak
Pet parents in India seem to be hopeful that they could avail some legal provisions to secure the future of their pets after their demise. Maria Valentina, a pet parent from Mumbai says, “I certainly plan on having my cats taken care of once I am not here. I believe that’s the least I can do for them.” Advocate Kritika shares that having a ‘pet care provision’ in any Will is not legally mandatory, but highly recommended today. She explains that these provisions could range from anything like ensuring the well-being of pets to allocating funds in terms of their maintenance.
— Advocate Kritika Oberoi, Delhi High Court
"I think it all comes down to how we’re raised and our values. Some people treat animals as family members while for others, empathy towards animals just doesn’t come naturally.”— Dhiraj Tejwani, CEO, YODA
Richie Rich Pets
Leona Helmsley, a real estate magnet left $12 million in her Will for her dog (Trouble) and nothing for her grandchildren.
Kylie Jenner has left £14 million for her seven pets.
Simon Cowell has bequeathed £20million for his dogs, not his sons.
Karl Lagerfeld left a staggering £150 million for his beloved cat, Choupette.
Taylor Swift's cat Olivia Benson is the richest pet in the world.
Bradley Cooper’s dog Charlie, who appeared in A Star Is Born is set to inherit £7,000,000