Can a dog or cat inherit from their master? The question seems too far -fetched, but it actually arises in many end -of -life cases when the animal remains the deceased’s last companion.
If only recently recognized by law the animal as a living creature endowed with sensitivity, and no longer as a movable property, the fact remains that it remains devoid of legal personality. Therefore, it does not appear to be one successor. There is still a legal way to protect it after the death of its master. What will happen to the animals on earth? Our answers.
Can an animal inherit as part of a land?
Articles 515-14 of the Civil Code define animals as “living beings endowed with feeling”. If they are no longer included in the property category since Law No. 2015-177 on February 16, 2015, they are also not considered human beings. They fall into the intermediate category of sensible creatures. All domestic animals, domesticated and companion animals, are affected by this provision.
The same article 515-14 of the Civil Code stipulates that animals remain “under property law”. Although the beast is a living and living being, the legal status of the property still apply.
Domestic animals that qualify as living creatures are not considered humans. So they don’t not endowed with legal personality.
Thus, animals cannot inherit, not by gift or by will, within the framework of a succession. This option is reserved for individuals only. Dogs and cats cannot be considered heirs of the deceased master.
Prior to the law on February 16, 2015, animals were considered movable property. That is, things that are able to carry from one place to another. Officially recognizing the animal as a living creature allows for better consideration of the animal’s welfare.
Who inherited the animals as part of a land?
If the deceased owner is unable to give or inherit all or part of his inheritance directly to his dog or his cat, it remains to think about the future of the animal as such. Who inherited the pet as part of a land? Who should take care of it, before and after the settlement of the said estate? Many questions have found answers to the laws governing successive French laws.
A condition consists of the assets and debts (debts) that the deceased had at the time of death. Movable property and buildings comprise land assets.
Animals have a legal regime on movable property. Legally, they are included in mass of assets to be divided from land assets.
Prior to the final settlement of succession, all heirs of the deceased are in joint possession. The costs of maintenance and feed of the animal are considered expenses that are in the interest of the joint ownership and therefore must be reimbursed. That is, the heir caring for the animal is paid the amounts incurred.
At the time of land distribution, once the land is closed, the heirs must agree on the future condition of the animal. For example, one of the heirs may request that the animal be recovered. It may also be a decision to donate it to an association. In the case of a dispute, the division may be judicial. The judge will decide the future of the deceased’s animal.
How to protect your animals when they die?
If it is not possible to give or directly leave a certain amount of money to your animal upon its death, there is a legal solution to protect it and protect it from all that is necessary.
The future deceased may decide to hand over part of his land, the usable part, to a trusted person or an association to take care of the pet. We’re talking about liberalism with compensation.
Concretely, the owner must write a will or make a donation accompanied by an obligation for its beneficiary. That is, the payment of the amount of money conditional on the care of the designated animal.
So a master can trust a trustworthy man to take care of his animal. To do this, it is necessary to make the deed in the presence of a notary.