There are people who love their pets more than their own relatives. In Spain there are just over six million children under the age of 14, according to INE figures, while the nation records more than 13 million pets, according to Reiac. Their loyalty and unconditional love make many owners wonder what can be done to leave a legacy for their little companions after they are gone. At a Law conference, Carmen Vela, secretary of the Academy of Notaries of Seville, noted that people are increasingly asking notaries whether they can donate their assets to their pets, whether dogs, cats or canaries.
According to a study by The Hustle, 44% of pet owners in the United States have some form of financial arrangement for their pets after death. Legacies to dogs or cats have grown in recent years, driven by laws in the United States that allow pets to benefit from a trust, managed by a trustee who handles the capital. Similar arrangements exist in other countries such as Germany and the United Kingdom, sometimes through long-distance frameworks.
This development has made headlines. Lulu, a border collie owned by Bill Dorris, a successful American businessman, reportedly received a five million dollar bequest. New York real estate magnate Leona Helmsley left two million dollars to her dogs, split among guardians, security, cleaning, medical expenses, food, and salary for the caretaker. Another famous case involved Miles Blackwell, a British publishing millionaire, who left his chicken Gigoo fifteen million dollars in 2002. In Spain, however, the question of inheriting pets is more complex since the Civil Code was amended in December 2021 to recognize animals as sentient beings rather than mere property. This raises questions about whether legacies to animals are possible in the country.
The situation in Spain is more intricate than in some other places. There are several available options, though. It is not possible to transfer assets directly to a pet because animals lack legal capacity and are not covered by inheritance law. Instead, an individual can name a person who will care for the pet after death and designate part of the estate for the pet’s care, provided certain conditions are met. It is noted that Spanish tradition has rarely included animals in wills, which reflects how animals were viewed as property until recently.
The chosen caretaker would receive funds only if they fulfill ongoing care duties. A trusted professional, such as a veterinarian, can be appointed to supervise compliance. It is common to set up periodic payments or a continuing allowance to ensure the animal receives proper care until its death.
Animals do not speak or vote, so it is prudent to ask the intended heir whether they are willing to take on responsibility. In some cases, months can pass between death and acceptance of the inheritance. For the first time, the Civil Code addresses what happens to an animal if there is no willing heir, with the administration stepping in when no guardian is available, according to experts.
Experts indicate that Spain can provide mechanisms for a similar legacy arrangement as the United States and other developed countries, though the approach differs. While direct inheritance by an animal is not possible, there are established pathways to ensure care and funding through a legal framework, as explained by specialists in animal law.
To build a foundation
For those who love animals or prefer a simpler option, another approach is to establish a foundation dedicated to animal welfare. The general requirements include providing a capital reserve, creating a board of trustees, and setting clear operating rules to ensure ongoing care for the pets. If direct transfer is not feasible, the estate can be left to an existing guardian or organization that will oversee the animal’s welfare. In Madrid, for example, a well-known guardian organization offers to participate in wills to ensure animals receive continued care when their owners are no longer able to provide for them. This option provides a structured, lasting framework for pet welfare beyond the owner’s lifetime.