If you want to make sure that your pet is taken care of by the person of your choice in the event that you pass away, Spanish law now allows you to do this more easily.
If you’re of a certain age, you may be worried about what will happen to your beloved pet when you die. Who will look after it? Will it be ok?
According to Lola García, legal director from Animal Bridge Consulting, more and more clients are concerned about the future of their pets after they die.
One of the main ways to safeguard the future of your pet if you’re no longer around, is to include them in your will.
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Since the reform of the Civil Code took effect in Spain in 2022, it has been possible to name people in your will to take care of your pet when you’re gone.
This reform also reclassified pets as “sentient beings” rather than property, meaning there can also be a custody battle in the case of a divorce.
The person you name in your will could be a friend or family member. If you decide to do this, it’s a good idea include that person in your will to leave some money for them for pet expenses such as food, grooming and vet bills.
Your will could also include health instructions from your local vet, so that whoever you leave the pet to knows how to look after it properly.
Obviously, it’s important to inform you friend or family member in advance of adding them to your will so that they are aware of the responsibilities and are happy to take them on.
You don’t want to leave your pet to someone who is unable or unwilling to take care of them.
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García told Spanish radio station Onda Cero that she recommends that her clients consult with family and friends while they are alive and not put just one person in their will, but rather make a list of people: “You might make a will and then the person you have designated has died before you”, she said.
In this case though, there may be cases where several people are interested in taking care of your pet. In those cases, the Civil Code states that a judge will be responsible for deciding who the most suitable owner is.
“The primary concern is the animal’s well-being and rights, beyond any private interests that each of the heirs may have,” explains Garcia.
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If you don’t have anyone to leave your pet to, your will could also state where you want your pet to go. For example, it could state a particular shelter you want to take care of it, until it can be adopted.
Again, it could include some money for the shelter in order to take care of your pet.
What will happen to you pet if you don’t include it in your will?
According to article 914 of the Civil Code, in the absence of a will, the pet will be given to the person who requests it.
If there is no agreement on succession, the pet will be given to a third party such as a shelter or animal protection society until an agreement has been reached with the heirs or until it’s adopted out, if the heirs don’t want it.
