Since the entry into force of Law 17/2021, of December 15, changing the Civil Code, the Mortgage Law and the Law of Civil Procedure, on the legal regime of animals, animals have come to be considered living beings gifted of sensitivity.
Can my pet be my heir?
It may be an amazing question, but today there are many people who want to leave their inheritance to their animals, especially in those cases in which there are no direct heirs, and in which the owner is concerned about the situation of the animal after his death. However, unlike what happens in other countries, the Spanish legal system does not allow leaving the inheritance to an animal.
Can I include my pet as part of an inheritance?
Yes. It is normal to consider the pet as another member of the family and when you write your will you want to leave it to a trusted person.
Through the will you can choose which heir the pet will belong to, but if you also want to make sure that its new owner will take care of it until his death instead of getting rid of it, you will have to take other additional protection measures.
In the absence of a testamentary disposition regarding pets, these will be given to the heirs who claim them in accordance with the law. If none of the successors intends to take charge of the pet, the corresponding administrative body may hand it over to a third party for its care and protection.
How can I protect my pet in my will?
There are several options that will allow you to protect the future of your pet, as long as they do not affect the legitimate one.
- Establish a foundation whose objective is the care and protection of your pet. In this way you ensure that your assets and money are used to ensure their care in the future, because foundations can inherit assets.
-Establish a condition in the will to the heir: take care of the pet until his death. It can be a resolving condition so that if he does not do it he can lose the inheritance.
What happens to my pet until the reading of my will?
From the death of a person until the opening of the will takes place, it is very common for several weeks to pass. Because of this, it is convenient that you speak with the future heirs of your desire that they take care of your furry friend in order to receive the inheritance. If it is not possible to deliver the pet to the heir immediately, to guarantee the care of the animal and only when necessary, it will be delivered to the center that is in charge of collecting abandoned animals until the corresponding procedures for succession reasons are resolved.
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