The story of the millionaire who leaves his fortune to his pet from time to time makes headlines. From paradigmatic cases like that of Choupette, cat of the iconic Karl Lagerfeld, or dogs that become rich in more mundane cases.
If it is what matters most in life, more than family, can it be reflected when you die? In Spain leaving the inheritance to the pet is somewhat more complicated, but there is an alternative to do it indirectly.
At first, it would seem impossible. Reviewing the current legislation, in Spain a pet cannot inherit directly. The heir must be a "natural person", explains Carmen Pérez-Pozo, founding partner of the Pérez-Pozo office. And the definition contained in the Civil Code of "natural person" does not fit with a pet. Also in the cases of donations it is specified that it is "an act (...) by which a person freely disposes of one thing in favor of another".
Thus, "it implicitly excludes the donation of goods to animals," says the expert. "To inherit, one must have the capacity to act and legal capacity, and they do not have it. Therefore, they cannot hold neither rights (property or wealth in general) nor obligations (debts)," she argues.
Given the situation, is there an alternative? Yes. The solution is to do it indirectly through a legal entity, already existing or to be created. The perfect fit is a foundation dedicated to animal care.
To create a foundation, it must be provided with sufficient capital to generate its own income, 30,000 euros under current legislation. It must have a board of trustees, made up of at least three individuals or legal entities. The foundation can be created before you die: "The purpose must be generic and non-profit, not just for the benefit of a person or animal," explains the expert. For example, with a foundation for the care of abandoned animals.
Going to a practical example in life, "I donate the initial amount for its constitution, I create the organizational structure to carry out the work, I draw up the statutes that will govern it, I define the income generation system so that it achieves the purpose for which it has been created and I name the members of the board of trustees. Lastly, I request and leave in my will that I want my pet to be cared for by the foundation when I am not here". Another possibility is to appoint an executor to carry out the specific assignment of the constitution after death, with a post-mortem creation.
There is another way. "You can also name an heir with condition. He will receive the inheritance as long as he takes care of the pet in particular," he says as an option.
"In our country, to inherit our pets, either you create a foundation or appoint a caretaker, who will inherit as long as the pet has been cared for. Their work can be supervised by an external administrator, a notary, a lawyer or an acquaintance. in good faith", summarizes Pérez-Pozo.
