Hawaiʻi Pet Owners: Why a Will Won’t Protect Your Pet — and What Will
- Keoni
- Apr 24, 2023
- 4 min read
Updated: Nov 21
For many of us in Honolulu and across Hawaiʻi, our pets aren’t “just animals” — they’re part of our ʻohana. They greet us at the door, comfort us on tough days, and bring joy into our homes. So when you’re thinking about protecting your loved ones if something happens to you, your pet absolutely deserves to be part of that plan.
But here’s the part most pet owners don’t realize: traditional estate planning tools, like a Will, do almost nothing to ensure your pet is cared for the way you intend. In fact, relying on a Will alone can leave your pet in a vulnerable — and completely preventable — situation.
Why a Will Isn’t Enough to Protect Your Pet
1. Under Hawaiʻi law, pets are viewed as property
As much as we love them like family, pets are legally treated the same as personal belongings — like your sofa or your jewelry.
Because of this:
You cannot leave money directly to your pet through a Will.
If you try, the money will instead pass to your chosen human beneficiaries.
The person who receives your pet has no legal duty to use any of the money you leave “for the pet.”
That means your beloved companion could be kept, given away, ignored, or even surrendered — and it would all be perfectly legal.
2. A Will gives no guarantee your pet will stay cared for
You may think, “I’ll just leave my pet to someone I trust.”
The problem? Life changes.
Even someone who adores your pet today may later face:
Housing restrictions or condo rules that prohibit animals
Health issues
Work or travel demands
Allergies you didn’t know about
A spouse or partner who isn’t on board
And once probate is over, that person has complete discretion over what happens next.
3. Probate delays leave pets vulnerable
A Will must go through probate — a court process that often takes months or even years in Hawaiʻi.
Meanwhile:
Your pet may bounce between family members
People may disagree about who should take them
No one may be checking on them regularly
If you're incapacitated (not deceased), the Will provides zero protection
This is how pets unintentionally end up rehomed or, in the worst cases, surrendered to a shelter while families sort things out.
The Safer Option: Create a Pet Trust
A Pet Trust is the strongest and most reliable way to ensure your pet is loved and cared for exactly as you intend — during your incapacity and after your passing.
What a Pet Trust Does
A Pet Trust allows you to:
Name a caregiver (trustee) who is legally required to follow your instructions
Specify exactly how funds must be used for your pet
Appoint backups in case your first choice becomes unable to serve
Ensure fast access to funds without waiting for probate
Keep everything private, rather than going through public court proceedings
You can also go into meaningful detail, such as:
Dietary needs
Grooming routines
Medical preferences
Favorite toys, treats, and daily schedule
End-of-life wishes for your pet
This is your chance to ensure your pet continues to receive the same level of care you give them every day.
Why Pet Trusts Make Sense for Hawaiʻi Families
Here in Hawaiʻi, it’s not uncommon for loved ones to live on different islands, in condos with strict pet rules, or in multi-generational homes where pet decisions require broader family agreement.
A Pet Trust removes uncertainty and gives your chosen caregivers:
The instructions they need
The funds to carry them out
Legal clarity so they aren’t guessing or arguing
Your pet receives continuity, protection, and love — no matter what happens.
Honor Their Place in Your ʻOhana
Your pet counts on you every day. With the right planning, you can make sure they’re protected — not just in the best-case scenario, but in every scenario.
If you’d like to explore creating a Pet Trust that fits your family’s needs here in Hawaiʻi, I’m here to help you build a plan that keeps your entire ʻohana — furry members included — safe and supported.
FAQs
Can I leave money directly to my pet?
No. Pets are considered property under Hawaiʻi law, so they can’t inherit money directly. But a Pet Trust allows you to designate funds specifically for their care.
Isn’t naming a caregiver in my Will enough?
Unfortunately, no. The caregiver has no legal obligation to use your money for your pet, and they can decline the responsibility entirely.
What happens to my pet if I become incapacitated?
A Will offers no protection during incapacity. A Pet Trust activates immediately and ensures your pet is cared for right away.
Do Pet Trusts apply to all pets or only dogs and cats?
A Pet Trust can be created for any animal companion — dogs, cats, birds, rabbits, horses, and even multiple pets at once.
Is a Pet Trust expensive?
Creating a Pet Trust is usually far more affordable than the cost and stress your loved ones may face without one — and it ensures lifelong care for your pet.
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This article is brought to you by the Law Office of Keoni Souza, a boutique estate planning firm located in Honolulu, Hawaiʻi, proudly serving families on Oʻahu and across the Hawaiian Islands. At our firm, estate planning is about more than documents — it’s about creating lasting peace of mind for you and the people you love. Through our unique Life & Legacy Planning Process, we guide you to make informed, empowered decisions that protect your wealth, your wishes, and your family’s future. To get started, contact our Honolulu office today to schedule your Life & Legacy Planning Session.
Disclaimer: The information on this website is for informational purposes only and should not be considered legal advice. For guidance tailored to your specific situation, please consult an estate planning attorney licensed in the State of Hawaiʻi. Use of this website or communication through this site does not create an attorney-client relationship with the Law Office of Keoni Souza, LLC.
