This question, although sad and distressing, must be resolved by the master so that he can regain his serenity knowing that his pet will not be alone or abandoned. To do this, several options are available to him, such as having him adopted by a loved one or entrusting him to an association.
Can a pet be listed in a will?
Since 2015, French law considers that pets are “living beings endowed with sensitivity”, whereas previously they were only considered as movable property, or, in other words, objects owned by the master.Despite this evolution in their status, pets are not considered persons and do not have the legal capacity to inherit. It is therefore impossible to designate a pet as an heir in a will. However, the pet can be listed in the will as property that you bequeath to one of your heirs.
On the other hand, it is possible to bequeath a sum of money to a person who will be responsible for taking care of the animal in the event of death. The question of the financial support of the animal remains, indeed, posed and the will is a way of settling it.
However, you should know that in France, you are not free to bequeath all your assets to whomever you want. If you have a spouse, children or grandchildren, these are, in the eyes of the law, reserved legatees who must imperatively receive part of your inheritance, this is the reserve. You can only bequeath to a third party what remains of the heritage after subtracting the reserve, we then speak of the available portion.
If you decide to entrust your animal to a friend, colleague or neighbor, raise the subject with the person concerned, but without mentioning the bequest that you will only make if you see that the person is willing to take care of the animal for free. Thus, you avoid falling on a malicious person who does not really intend to take care of your animal, but rather to take advantage of the funds that you will bequeath to meet its needs.
Entrust it to a loved one
In the event of death, the animal is considered property, a property that enters into the inheritance. If, for example, you have several pets, they can be divided among all your heirs, even if families usually agree to entrust the animal to a particular member.
If you opt for this solution, the ideal is to plan this future adoption of your pet by a loved one during your lifetime.Otherwise, the person you appoint to take care of your animal may refuse to do so, which is entirely their right. To avoid this situation, talk about your wishes and desires around you, to your children and grandchildren and assess which of them would be best able to take care of your pet if you die.
Entrust it to an association
You can also consider designating an animal protection association to take care of your animal if your death occurs. It is often the last resort for single people and those who cannot find a trustworthy person around them to take care of the animal or who agrees to do so.
The care that the association will provide to your companion often has the counterpart of a financial contribution from you to the financing of the organization. You can pay for this contribution during your lifetime or by writing a bequest to the association in your will.The latter then undertakes to collect your pet upon your death, to take care of it on its premises, to entrust it to a temporary foster family or to have it adopted permanently. It also undertakes to protect your animal from any risk of euthanasia or confinement in a cage.
You must choose the association carefully, because not all of them have the same means or the same policies. If the association intends to keep the animal to take care of it, even temporarily, ask to visit the premises to make sure that the setting is suitable for your animal. Also ask for as much information as possible concerning the means available to the association, the methods of transmission of the animal and the type of care it may receive.
Be aware, moreover, that the major animal protection associations generally lack resources and are overwhelmed, especially in summer, because of the increasingly high number of animal abandonments.It is therefore wiser to choose a small local structure. These associations are closer to your home and are generally more available for animals, as they are not subject to the same pressures and volumes as large associations.