What happens to the animals on the farm?

Can a dog or cat inherit their master? The question may seem far-fetched, but it is actually asked in many end-of-life situations when the animal remains the deceased’s last companion.

If the law has recently admitted Animal As a sentient being, and no longer as movable property, the fact remains that it remains without legal personality. Therefore, it cannot be considered a file heir. There is still a legal way to protect her after her master’s death. What happens to the animals on the farm? our answers.

Is it permissible for an animal to inherit from the estate?

Article 515-14 of the Civil Code defines animals as “Living beings endowed with feeling”. If they are no longer part of the property category since Law No. 2015-177 of February 16, 2015, they will not be considered persons either. They fall into the middle category Organisms. All pets, whether pet or companion, are affected by this ruling.

The same Article 515-14 of the Civil Code provides for the survival of animals Subject to property law.. Although the animal is a living and sentient being, the Legal status of the property It is still valid.

Pets that qualify as sentient beings are not human beings. So they are not It does not have a legal personality.

And therefore, Animals cannot inherit, Neither by gift nor by will, within the framework of the caliphate. This option is reserved for individuals only. Dogs and cats cannot be considered heirs of the late master.

Prior to the February 16, 2015 law, animals were considered movable property. That is, goods that can be moved from one place to another. Formal recognition of the animal as a sentient being allows better consideration of animal welfare.

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Who inherits the animals as part of the estate?

If the deceased master cannot give or bequeath all or part of his inheritance directly to his dog or cat, it remains to be questioned as to the future of the animal as such. Who inherits the pet as part of the estate? Who takes care of her before and after settling the estate? Many questions find answers in the laws governing succession in French law.

The estate consists of the assets and liabilities (debts) that were owed to the deceased at the time of death. Movable property and buildings constitute real estate assets.

Animals have a legal regime for movable property. Legally, it is included in The mass of assets to be divided from the assets of the estate.

Before the final settlement of inheritance, all the heirs of the deceased are in common possession. Animal maintenance and food costs are an expense incurred in the interest of the common property and therefore must be compensated. In other words, the heir who took care of the animal is compensated for the amounts incurred.

At the time of distribution of the estate, the moment of closing the estate, the heirs must agree on the future status of the animal. For example, one of the heirs can request the recovery of the animal. It can also be decided to donate it to an association. In the event of a dispute, the division is judicial. It is the judge who will decide the future of the deceased animal.

How do you protect your animals in case of death?

If it is not possible to give or bequeath an amount of money to your animal immediately upon its death, there is a legal solution to protect it and protect it from every need.

The future deceased can decide to transfer a portion of his estate, only the available portion, to a trusted person or pet welfare association. talking about generous with charge.

In concrete terms, the master must write a will or make a donation accompanied by an obligation towards its beneficiary. Any payment of a sum of money conditional on the care of the particular animal.

So the master can entrust a trusted person with the care of his animal. To do this, it will be necessary to write the act before a notary.


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