There are people who love their pets more than their close relatives. There are just over six million children under the age of 14 in Spain – according to INE figures – while there are over 13 million pets, according to Reiac. Their loyalty and unconditional love make many owners wonder what they can do to their little ones when they’re gone and leave them something (or everything) as a legacy. “People are turning to notaries more and more often to ask if they can donate their assets to their pets. Dogs, cats or canaries », says Carmen Vela, secretary of the Academy of Notaries of Seville at a Law conference.
According to a study by The Hustle, 44% of pet owners in the United States have some form of financial arrangement following their pet’s death. In fact, legacies to dogs or cats have multiplied in recent years, with numbers coming from the United States and laws that make it easier for dogs to receive money through a trust—the person who will manage the capital—as in other countries such as Germany and the United Kingdom a long distance.
This led to the much-envied pet news. Lulu is one of them, a border collie owned by Bill Dorris, a successful US businessman who bequeathed him five million dollars. Or New York real estate mogul Leona Helmsley, who received two million dollars split between security (she had received 20 death threats), cleaning, medical expenses, food, and salary for her guardian. Another notorious case was that of British publishing millionaire Miles Blackwell, who left his chicken $15 million to Gigoo in 2002. Inheriting pets in Spain, however, is a questionable issue after the Civil Code was amended in December 2021: animals went from being seen as objects to being valued as sentient living beings. So, is it possible to leave the legacy to pets in the country?
It is a little more complicated than in other countries. However, there are several alternatives. “They cannot be released directly because they have no legal or statutory capacity or are not subject to the law,” explains Lola García, a lawyer in the office of Law & Animals. What is possible is to write in the will who will be responsible for the pet after death and transfer part of the inheritance. However, provided that the above-mentioned are observed. García adds, “There is little tradition in Spain to include animals in wills, and this is closely related to the way they were considered property until recently.”
Then the person responsible for the animal will receive the money only if he complies with the care. “A manager such as a trusted veterinarian can be appointed to ensure compliance. So the logical thing is for the amounts to be determined periodically until the death of the animal,” explains Vela.
These are creatures that have no voice and no vote. Experts advise, therefore, that it is best to ask the heir if he accepts responsibility. And it is such that months may pass since the person dies before the inheritance is accepted. “For the first time, what happens to the animal when there is no will is included in the Civil Code. So far they have been very unprotected, but now, if no heir offers himself, the Administration, “according to experts.
“They have more experience in the US and the most developed countries in these matters, but no country can directly inherit the animal. These are headlines and simplified versions of more technical issues,” explains María González, an expert in law and animals and a member of the organization of legal operators for animals (INTERcids). Indeed, González adds, Spain does have the mechanisms for an equivalent realization of the legacy.
To build a foundation
For animal lovers or those on a more relaxed budget, there is another option. It’s about creating a foundation for the care of animals. However, the lawyer from the Law and Animals office says the requirements have been met to “provide a capital of at least 30,000 euros, form a board of trustees and set the rules of operation”. The care of the pet should then be left to the responsibility of this foundation. If none of the above options are possible, it can also be inherited to an already existing guardian or troop to get it. In Madrid, for example, the guardian El Refugio offers to be part of the will of those who want to keep their animals cared for when they are no longer there, but when they need them.