David Jiménez, an expert inheritance lawyer: "In Spain your dog cannot be heir, but with this clause you will ensure house and food"

David Jiménez, an expert inheritance lawyer: “In Spain your dog cannot be heir, but with this clause you will ensure house and food”

Pets are becoming a more important part of the life of the Spaniards, and are one more member of the family. In addition, since the entry into force of the Animal Welfare Law, some basic norms for the care of animals have been established, and for example the Time that a dog can be alone at home. But the concern for hairy partners also goes beyond when they are in life, and more and more people wonder what will happen to their pets when they are missing.

The lawyer and economist David Jiménez, a specialist in inheritances, explained in a video posted on his social networks how Spanish law regulates this issue and what mechanisms exist to guarantee the care of animals after the death of its owner.

Jiménez clarifies that, according to current regulations, “animals are not natural or legal persons, so they cannot record as direct heirs in the will.” This means that, unlike what happens in other countries in which Pets can inheritin Spain a dog, cat or any other animal cannot appear as a legal heir.

How to ensure pet care after death

“In Spain your dog cannot be heir, but with this clause you will ensure house and food,” clarifies the lawyer and that although pets cannot inherit, it is possible to guarantee their care through a conditioned legacy.

A conditioned legacy is a testamentary provision in which the testator imposes a condition. Jiménez explains that “you can name a person and assign money or goods for the care of your pet until his death. If breaking, that assigned money will go to the person you have put as a substitute.”

This mechanism allows to make clear the will of the testator and make sure that the animal will be protected after its death.

In addition to appointing a person, an animal protection association can also be designated as a beneficiary of the inheritance to guarantee the care of the animal. And, in cases of important assets, a foundation could even be constituted, “although this action is more complex.”

With these mechanisms who want to include their pet in their will have legal options to ensure their well -being, although they cannot name them direct heirs.