Can a dog or a cat inherit from its owner? The question may seem far-fetched, but it actually arises in many cases when life comes to an end, when the animal remains the last friend of the deceased.
If the law has recently recognized animal As a sentient creature, it is no longer movable, but the fact that it has no legal personality is obvious. Therefore, it cannot be seen as one. arrival. There is still a legal way to protect it after the death of its owner. What happens to the animals on the estates? Our answers.
Can an animal inherit as part of a property?
515-14 of the Civil Code. The article defines animals as follows: “living beings endowed with emotions”. If they are no longer included in the category of goods as of the Law No. 2015-177 of February 16, 2015, they are also not considered as persons. They fall into the intermediate category sensitive assets. All pets, both domesticated and companion animals, are affected by this provision.
The same 515-14 of the Civil Code. substance of animals “Subject to property law”. Although the animal is a living and sensitive being, legal status of property still valid.
Pets that qualify as sentient beings are not considered human. therefore they are not does not have legal personality.
Like this, animals cannot inherit, neither by gift nor by will, within the framework of an inheritance. This option is reserved for individuals only. Dogs and cats cannot be considered heirs of the deceased master.
Before the law of February 16, 2015, animals were considered movable property. In other words, they are goods that can be transported from one place to another. Official recognition of the animal as a sentient being provides a better appreciation of animal welfare.
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Who inherits animals as part of a property?
If the deceased master cannot give or bequeath all or part of his inheritance directly to his dog or cat, the future of the animal becomes a matter of curiosity. Who inherits a pet as part of a property? Who should take care of the estate before and after the settlement in question? There are many questions in French law that are answered in the laws governing successors.
An estate consists of assets and liabilities (debts) that the deceased had at the time of death. Movable properties and buildings constitute real estate assets.
Animals have a legal movable property regime. Legally, therefore, mass of assets to be divided from real estate assets.
Before the final payment of the inheritance, all heirs of the deceased are in common property. Animal care and food expenses are considered expenses for the benefit of the common property and therefore must be reimbursed. In other words, the heir who takes care of the animal is reimbursed for the amounts he has made.
During the distribution of the estate, at the moment the estate is closed, the heirs must agree on the future condition of the animal. For example, one of the heirs may demand the return of the animal. It can also be decided to donate it to an association. In case of disagreement, the division will then be judicial. The judge decides the future of the deceased’s animal.
How do you protect your animals in the event of death?
If it is not possible to give some money or make a direct will when your animal dies, there is a legal solution to keep it and protect it from any need.
The deceased decedent may decide to transfer a portion of his property, only the current portion, to a trusted person or association to take care of the pet. we are talking about paid freedom.
Concretely, the captain must write a will or make a donation to his beneficiary accompanied by an obligation. That is, the payment of a sum of money depending on the care of the designated animal.
Therefore, a master can entrust the care of his animal to a trusted person. To do this, it will be necessary to prepare a deed in the presence of a notary public.
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