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Dogs at law

16 December 2010 / Michael Tringham
Issue: 7446 / Categories: Features , Wills & Probate
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Michael Tringham reports on a poignant US case & grapples with longevity statistics

A pet, they say, is not just for Christmas. Research from “find-a-solicitor” website Unbiased.co.uk shows that 1.5 million Britons intend to bequeath property to their pets. But any legal disputes that might emerge in the UK will pale in comparison with Carr v Mellon Private Trust Co & others in Florida’s Miami Dade-County probate court.

Hollywood film maker Bret Carr is the son of testatrix Gail Posner, legacies in whose will include: an $8m Miami Beach mansion for her three dogs, plus $3m for said canines’ lifetime care; some $25m for her housekeepers, personal assistants, bodyguards and personal trainer—but only a $1m trust fund for Mr Carr.

This is one of the more poignant sections of the trust instrument that controls Ms Posner’s will: “It is the settlor’s wish that the trustees ensure that her dogs receive the same degree of care that the settlor provided for said dogs during her lifetime. In addition it is the settlor’s wish (although in no respect her direction taking into account the considerable life

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