We have recently devoted a number of articles on euthanasia for your pets.
Many times, a provision in a Will directing that an animal be euthanized upon the death of its owner, have been invalidated by the courts of the various states.
While pet owners continue to try to protect their animals, their wishs are not always followed.
If you are determined to provide for euthanasia for your pet, some will clauses may persuade the Courts that you really have the best interest of your pet at heart.
In these cases, it is preferable to specify in a Will that the pet be cared for by the Executor or a friend for a specific period of time and also ask that this person attempt to find a good home for the pet.
After a specified reasonable period of time, if the attempt to place the animal is unsuccessful, you would then request that the animal may be euthanized.
A Court may be less likely to overturn such a provision.
An example of this type of Will provision has been provided by the Bar Association of New York;
"My [cat, Ginger], shall be delivered to[Mary Smith or John Doe] for temporary holding. The Executor shall determine the amount from the estate to go with the animal for such temporary care and feeding. The Executor shall advertise and otherwise make diligent efforts to find a good home for the animal, taking a reasonable amount of money for these purposes from the estate. If no home can be found after [ ] months, the animal shall be taken to [name and address of veterinarian]to be euthanized by the most humane method the veterinarian has competency to use."
Discuss the use of such a provision with your attorney and financial adviser and plan for your pet’s future.