Can Animals Be Heirs?
To some it may still sound like a strange question, but more and more owners are wondering if their animals can be heirs. Many of these arguments are influenced by movies, series and news from the United States, a country in which different laws apply to those of Spain.
Next, we will analyze whether animals can be heirs according to Spanish law. We will also look at some alternatives that owners who wish to benefit their pets and other animals through their inheritance can turn to.
But can animals be heirs in Spain?
Do not! According to Spanish law, animals cannot be the heirs of people, whether they are their owners or not. This legal impossibility is not associated with the link between the human and the animal (whether or not it is the owner), but is mainly due to the treatment that our legal system grants to animals.
The legislation of Spain still does not recognize that animals have sufficient consideration to occupy the legal status of heir. For this same reason, animal rights are not yet legally recognized in Spain. In fact, in many cases animals continue to be legally understood as assets.
Co-ownership of animals is only possible because the laws still understand animals as assets that can be objects of shared ownership. Consequently, several people can be the owners of the same animal, and this co-ownership relationship is reflected in a contract.
Therefore, in order to be heirs in Spain, animals should first gain a new legal recognition, a treatment that, among other things, grants animals their own legal personality, different from that of property.
Spanish laws advance, but not at the pace of civil society
Likewise, it is important to mention that Spanish laws have been presenting advances in relation to the treatment of animals. Although there is still no framework law at the national level that recognizes the rights of animals, it has been possible to toughen penalties for mistreatment and improve legal protection for animals.
In cases like this, it is evident that legal changes do not keep pace with civil society. Currently, a large part of the Spanish population agrees that animals have rights; their guardians should be able to exercise their individual rights and distribute their inheritance as they wish.
However, this change requires a series of legal modifications that are not as simple as you can imagine. Likewise, there are already exceptions, such as divorce cases that recognize shared tenure for animals, which grants similar treatment to children.
And why can animals be heirs in other countries?
Countries like the United States or Australia have laws and legal systems quite different from Spain. In Spanish law, the so-called natural law still carries a lot of weight in inheritance cases.
According to these laws, disinheriting a child under Spanish law is much more complex than under US law, for example. And ‘transferring’ this natural and legitimate right to animals is even more complex …
It is also worth mentioning that United States law allows each individual to do basically what he wants with his inheritance, as long as his wish is duly expressed in a legally valid will. Therefore, animals can be heirs under US law and children can be ‘deprived’ of their parents’ assets.
Are there legal alternatives to leave my inheritance to my pet?
Yes! Of course, the willingness of an owner to leave part of his assets to his most loyal colleagues is completely understandable. And fortunately, there are legal means that allow animals to be heirs indirectly.
The best way to do this is to leave part of the inheritance to a foundation or a trusted heir, through a legally valid will. The objective is to name a legally viable heir who agrees to dedicate that sum to caring for your pet or to solidarity work dedicated to other animals.
In addition, it is also possible to include your pet as part of your inheritance in the will. The idea is to express your will regarding who should take care of your best friend after your departure, for which you have to choose a person or trustworthy institution that will provide you with a healthy and dignified life.
