How to protect your pet at the time of writing the will


Unlike what happens every so often, when A dog or a cat, for example, they are news in the United States for becoming new billionaires after receiving the fortune of their ownersin Spain pets cannot inherit.

Despite the fact that Law/2021 of December 15, modifying the Civil Code, the Mortgage Law and the Civil Procedure Law introduced a new article thanks to which pets ceased to be considered as part of real estate of a person and are considered living beings endowed with sentience, it is still impossible for a pet to be the recipient of an inheritance. Why? The essential reason is that, according to article 744 of the Civil Code, there are three requirements to inherit and pets do not meet all of these. Not only is it enough, as a first and second measure, survive the testator and have the capacity to succeedbut it must be subject of lawthat is, it is about natural or legal persons.

What can owners do?

Nevertheless, the protection of pets can be guaranteed by will. The reform of December 2015 establishes several scenarios thanks to which pets obtain protection that they previously lacked. So the first thing is that can be bequeathed either to individuals, legal entities or to someone who watches over the care of the animal.

In turn, after the reform, the Civil Code allows condition the inheritance to a natural or legal person to the care that this person makes of the pet. In this way, it can be established that the heirs receive or not the assets of the inheritance as long as they ensure the care of the pet.

Finally, a third scenario is the kind of escrowin which it is available an amount of the inheritance for the care and protection of the animal, which will be managed by whoever is in charge of it.

In the event that the deceased person had not made a will, the law provides that the pet be delivered to the heir who claims it. In case of a dispute between heirs who wanted to take charge of the pet, a judge must decide in favor of who decides. Finally, if no one took care of the pet, the Administration would be in charge of give the pet to a third party for its protection and care.


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