Guide
Animal in the law: Cruelty to animals - these are the most common victims
by Darina Schweizer
Paw + Order: can your pet inherit your wealth?
18.10.2024
Translation: Patrik Stainbrook
Having a spat with your children? Would you rather leave your fortune to your goldfish? Find out whether and how this is possible in this week’s Paw + Order.
A scratching post woven with gold thread, caviar served by hand and brush massages all day long. Recently, I dreamt of a cat living the high life – trust me, that’s still one of my normal dreams.
Nevertheless, it got me thinking. I wondered whether it’d actually be possible for a pet to inherit a fortune. Let’s say Elon Musk were to give his dog Floki a few billion dollars. This isn’t far-fetched by the way: last year it seemed as if he wanted to appoint the four-legged friend as CEO.
Source: btc-echo.de
No, seriously now: can pets inherit money from their owners? I asked Caroline Mulle, legal researcher at Foundation for Animals in Law.
Caroline Mulle, can I bequeath my money to a pet?
No. Animals aren’t eligible for inheritance and therefore can’t be heirs or legatees. However, if that's what your will says, it's not just ignored, but becomes a legal requirement to properly take care of the mentioned animal.
That means I could ask an institution such as an animal shelter, a trust or a private individual to spend that money on my pet?
Yes. Private individuals and institutions can be appointed as heirs or legatees with the obligation to take appropriate care of an animal.
How does this play out in real life?
The person concerned could, for example, be obliged to provide a monthly amount for care of the animal beneficiary. That, or they take the animal in and care for it personally.
What’s the most I can leave?
The statutory share for close relatives amounts to a maximum of half of the entire estate. The remaining 50 per cent can be freely distributed. It can be assigned to private individuals or institutions. This means that a maximum of half your assets could go to the pet.
Source: Shutterstock/New Africa
If I die and haven’t decided what happens to my pet, where does it go?
If the pet owner hasn’t made any arrangements during their lifetime, the animal becomes part of the estate upon death and is distributed among the heirs. All heirs have an equal right to the animal and decisions about it must be made jointly. The animal must be housed in a suitable home until a decision is made.
What if no suitable home is found?
It must then be given to an animal shelter, for example, at the expense of the estate.
And what happens if the heirs can’t come to an agreement?
In this case, a court will decide which heir receives the pet. Specifically, the court determines who can best accommodate the pet from an animal welfare point of view.
Can a person refuse or even euthanise the pet?
When you receive a pet as an inheritance or bequest, you become the owner of the animal. If no conditions were stipulated by the testator, the new owner is free to do as they please with the animal. This also means they can give it to an animal shelter or even euthanise it.
What if the inheritance is tied to a condition?
Then things look different. If an heir or legatee doesn’t want to fulfil the conditions, such as caring for an animal, they must reject the inheritance. They can refuse care by waiving their rights. A condition can stipulate that the animal itself must be cared for. However, care by an institution may also be permitted.
Is it best to specify what happens to my pet in a will?
Yes, this is definitely recommended. In a will or inheritance contract, you can specify who should care for your pet after your passing. This way, you can ensure the welfare of your pet beyond your death.
What could such passages in a will look like?
Here’s an example: «I bequeath my dog Nero to individual X. For the time my dog lives with this person, they will receive a monthly amount of CHF 300 from the estate.» Alternatively: «I bequeath individual X a cash legacy of 10,000 francs with the condition that they look after and care for my dog Nero.»
Would you leave your fortune to a pet? Tell us in a comment.
Header image: Shutterstock/Sandris Veveris
Darina Schweizer
Senior Editor
Darina.Schweizer@digitecgalaxus.chI like anything that has four legs or roots. The books I enjoy let me peer into the abyss of the human psyche. Unlike those wretched mountains that are forever blocking the view – especially of the sea. Lighthouses are a great place for getting some fresh air too, you know?
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