Celebrating 200 years of the RSPCA
Taking care of our pets and considering them as family members may seem the norm now but, 200 years ago it took a few brave citizens to unite and defend animal rights, ultimately leading to the RSPCA as we know them today.
The dedicated work, and successful campaigning done in the early days of the RSPCA had huge ramifications for stock, cattle and pets including improved treatment and protection, as well as introductions to the law of succession and laying out provisions to care for our animals when we pass away.
The NSW Trustee and Guardian handle frequent requests to include pets when writing Wills and welcome our customers to discuss plans and wishes for their furry family member for us to consider.
The first meeting of animal lovers
June 2024 marks the bicentenary of the world’s oldest operating animal welfare charity. In 1824, a small group of people met in a London coffee shop and shared their determination to change animals' lives. They created a society that became the Royal Society for Prevention of Cruelty to Animals, England (RSPCA), sparking a movement that spread around the world.
In 1822 the Irish-born lawyer and MP Richard Martin introduced an anti-cruelty to cattle bill into the United Kingdom Parliament. When Martin’s bill passed, Rev. Arthur Broome took it upon himself to act as an inspector of cattle being herded into London’s abattoir. Gross abuses led Broome to prosecute offenders and it became an all-consuming job. Broome resigned as vicar from his parish, and he solicited funds to establish a charity which would enforce the law and create what is now the RSPCA.
There were many notable founding members such as the anti-slavery MPs William Wilberforce and Thomas Buxton, several barristers, and other campaigners for social justice making 24 founding members. Shortly after being crowned monarch, Queen Victoria became its patron. Other “cousin” organisations were formed in the Australian colonies as well as Canada, NZ, and the US during the Victorian era. Shortly thereafter animal shelters started to open in these countries.
This was a time of great change in attitudes towards animals – their relationship to humans and their treatment - and such change was reflected in the law, not only in anti-cruelty legislation but also in the law of succession. In England, this is reflected in several reported cases that went before the courts where people were making provision for the upkeep and care of pets for their lifetime.
In 1842 an English court considered a case where a Will made a gift of 50 pounds for a favourite black mare to have “her shoes taken off, and she never to be ridden or put in harness”.
Six years later, an English court had to interpret a Will that made several gifts including one for the upkeep of the owner’s horses to “be preserved as pensioners, and are never, under any plea or pretence, to be used, rode or driven, or applied to labour”.
Another Will in 1889 set aside 750 pounds annually for the owner’s horses and hounds so that they “shall not be worked after my death but may at all-time be exercised on my freehold property…”.
Modern day gifts to animals
There was, and remains, a legal problem in making a gift under a Will to be held in trust for the lifetime of a pet. There is a rule that a trust must have a human beneficiary and must not exist for longer than a reasonable time, (currently in NSW this is 80 years set by the Perpetuities Act 1984). However, as we can see in the cases mentioned, the English courts have held many such gifts to be valid and we now refer to these trusts as ‘non charitable purpose trusts’. There are other categories of trusts, which can be discussed with a solicitor when planning for your legal documents.
Pets are considered property under the law in Australia and while a pet cannot receive a gift from a Will, you can still ensure your pet is provided for. Trusts for the maintenance of pets are becoming increasingly popular. However, because of the legal rules if you want to make provision for your pet in a trust it is important you seek professional advice. An executor needs to be appointed for your Will who is prepared to carry out the terms of such trust, which can be complicated.
Another way of making provision is to make a gift of your pet and a monetary legacy for their care to a person or to an animal charity such as the RSPCA or other such organisation that will organise rehoming for your pet.
To ensure that your pet receives the best protection we recommend you seek professional legal advice from a private solicitor or agency such as NSW Trustee and Guardian and speak to one of our staff who have vast experience in drafting provisions and administering estates where pets are included. For more information or to book an appointment please see our website.