Lorraine Williamson
Across Spain, dogs, cats, and even parrots are increasingly considered part of the family. Yet while owners may wish to make them heirs in their will, the law draws a clear line: animals cannot directly inherit property or money.
Under Spanish legislation, only individuals or legal entities such as charities or companies have the legal personality required to receive assets. Pets are recognised as “sentient beings” but remain legally classified as goods, meaning they cannot appear in a will as heirs.
Legal routes to protect your pet
Although your cat or dog cannot inherit directly, Spanish law does provide practical solutions to guarantee their care after your death. The most common is the conditional legacy. This allows you to leave money, property, or possessions to a chosen person, on the condition that they care for your pet. The inheritance can automatically pass to an alternative beneficiary if they fail to meet that responsibility.
This arrangement gives peace of mind, ensuring your pet is looked after and your wishes are legally enforceable.
What you should do if a family member dies in Spain
Bigger estates, broader impact
For those with more significant assets, there are additional routes. You can name an animal welfare charity as the beneficiary, allowing the organisation to take over your pet’s care or use the funds to support other animals.
Some testators even go further, establishing a foundation dedicated to animal welfare. While this requires legal preparation and sufficient capital, it offers a long-term legacy that can benefit pets and rescue organisations well into the future.
Professional advice is key
The essential step is drafting a watertight will. With the guidance of a lawyer specialising in inheritance law in Spain, you can ensure your pet is protected, whether through a conditional legacy, a charity arrangement, or a foundation.
Pets may not be able to inherit in the eyes of Spanish law, but with careful planning, you can still guarantee they will be loved and cared for when you are no longer there.
Source: El Periodico