Else Beekman
Over the past decade, there has been a significant rise in the number of Catalans who include their pets in their wills. What was once an uncommon practice is now embraced by nearly one in twelve people making a will in Catalonia.
Although pets cannot legally inherit assets, Spanish law allows pet owners to ensure their beloved animals are cared for after their passing. Various legal mechanisms exist to guarantee this. One of the most common ways is for a pet owner to allocate a portion of their inheritance to a trusted individual with the explicit condition that they take care of the animal. Another approach is to leave a legacy to an animal welfare organisation that will be responsible for looking after the pet. Some people also choose to specify detailed conditions in their will to make sure their pet’s well-being is safeguarded.
Why people ìnclude pets in their wills?
The rising trend of pet inclusion in wills is closely linked to two significant social factors. The first is the declining birth rate. This has led more people to prioritise their pets as their primary companions and dependents. The second is the shifting perception of animals. Spain recognised in 2021 animals , particularly after the 2021 recognition of animals as ‘sentient beings’ under Spanish law. This change in legal status has contributed to a growing sense of responsibility among pet owners.
Pets in Spain
In Spain, pets have become an integral part of everyday life. Over 28 million animals are living in households across the country. According to pet association Aedpac there are approximately 9.3 million dogs and 5.8 million cats, making them the most common companions. Additionally, there are 7.9 million aquarium animals, 5 million birds, and 1.5 million reptiles and small mammals. Pets are now present in 40% of Spanish households, further highlighting their growing importance in society.
The role of notaries and legal experts
According to José Alberto Marín, president of the College of Notaries of Catalonia, the region leads the European Union in the number of wills drafted annually. Around 120,000 wills are formalised each year, with the average testator being 50 years old. This is significantly younger than in other parts of Spain. As younger generations prepare their wills, the presence of pets in these legal documents is expected to become even more common.
The reality of pet abandonment in Spain
Despite this positive trend, pet abandonment remains a serious issue in Spain. In 2023 alone, more than 286,000 dogs and cats were abandoned, according to data from Fundación Affinity. Animal welfare professionals, such as Gemma Morell from Fundación Daina, welcome the increase in responsible pet planning. However, they also highlight the unfortunate reality that many inheritors are willing to accept financial assets but refuse to take on the responsibility of a pet. Often with arguments like allergies or personal circumstances as reasons for not being able to care for the pet.
Ensuring a secure future for pets
For those looking to safeguard their pet’s future, legal experts strongly advise drafting a will. In this, you must clearly outline who will take care of the animal and under what conditions. It is also recommended to allocate part of the inheritance specifically for covering the pet’s expenses. Consulting with a notary is essential to ensure that all arrangements are legally binding and effective.