What do we do with a dog when its owner dies?
Experts recommend putting in the will or leaving a contract where it is clear who is the person who should take responsibility.
BarcelonaThe bond between a dog (and also a cat) and its owner can be so intense that when the person who cared for it dies, the animal "feels it terribly because, apart from a dietary and physiological dependence, there was also an emotional bond," says veterinarian Ricard Adán. From then on, who will be its new guardian? In the will or in the advance directive document, or in a contract, it can be written that a family member, a friend or, for example, a shelter will take care of it, even granting them an amount of money for its care, among other options. However, the reality is far from that: the shelters, shelters and refuges are the ones that really take care of it, because most of the animals end up abandoned. On the other hand, the money or the property - if they have been deposited to care for it - ends up, mostly, in the pockets of the heirs or legatees.
Since the new Spanish Civil Code law, in 2022, animals have ceased to be things to be considered "living beings endowed with sensitivity." This premise, explains Marta Muntada, a lawyer specializing in animal law, means that the animal "is not part of the deceased's legacy as if it were something else, but rather becomes a being with the capacity to feel." A significant advance that, without a doubt, must be accompanied - says this specialist - by other details. "In the same way that a guardian for the children is named in the will, it is also advisable to specify who will take care of the animal," remarks Muntada, president of Lex Alma, an entity for ethics and progress in the treatment of animals. And better: detail "any other animal" that the person may have. The objective is to avoid problems, not only for family members but also for pets.
These types of arrangements that the law allows – that is, the fact that a person leaves the animal to another person with the task of caring for it – are called trusts in legal language. The will is, therefore, an important tool to collect wishes and ensure that the animal has a decent life and that a trustworthy person is responsible for it. "No one will know better than you what you want for the animal," the lawyer stresses. It may even happen that the inheritance of an asset is conditioned on the maintenance of the animal, or that the heir receives this lamb engraved, that is, linked to the fulfillment of an obligation, to ensure that the person who receives the lamb as inheritance takes care of the animal. Apart from the trust, another simpler and faster option is a contract: you keep the animal and, in exchange, I leave you money so that you can take maximum care of it.
In the hands of the heirs
If the person responsible for the dog or cat has not provided in his or her will or legacy that someone will take care of it, then it will be during the process of accepting the inheritance – which takes place a maximum of six months after the death of the deceased – that the animal will have to be offered to the heirs of the family. 914 of the Spanish Civil Code provides for intestate succession – in the Catalan Civil Code animals are not considered things and are under special protection of the law, but a new reform is pending –. However, the animal eats every day, must be cared for and it can take weeks before the process of accepting the inheritance is carried out. So the law provides that if there are no immediate heirs, to guarantee the care of the animal it will be handed over to an administrative body or shelter.
Experts believe that the logical thing is for the family to get together to find a dignified way out for the animal, such as having it spend the rest of its life with someone in the family and for the rest of the heirs to pay the maintenance costs for that person: veterinary services, education and food. Unfortunately, families too often do not take these dogs or cats to a shelter, a shelter or a refuge, but instead abandon them directly. A reality that is well known at the Bú Bup Parc shelter in Bisbal d'Empordà. Yolanda Valbuena, general manager of the Altarriba Foundation, points out that "90% of the heirs rush to collect the inheritance and everything they can related to the property and completely ignore the animals, which soon end up on the street." "They arrive at the shelter in a bad state, you can see that they have not had anyone to look after them for months. In addition, they are usually old dogs with serious health problems," she explains. The shelter has a 14-year-old dog, Skitch. According to Valbuena, unlike most people, he comes from a "responsible" family. "There are very few cases like this: his guardian could not take care of him and the daughter could not keep the animal at home for various reasons. Instead of abandoning him, they brought the dog here with us, and like all older dogs, he lives in the shelter's caretakers' house, and they help us with the animal's upkeep with a financial contribution," she explains.
According to Anna Sólyom, author ofThe gos that followed the stars (Ed. VR Europa), reality shows that many abandoned pets fall into an "emotional pit: they don't like to play, they're not interested in food, and they suffer from deep despair." This expert in the animal world describes that "the bond with their guardian can be as loving as that with a small child." According to the Affinity Foundation, in Spain shelters collected more than 286,000 dogs and cats two years ago, approximately the same number as the previous year. After unwanted litters, the second reason for abandonment is precisely the loss of interest in the animal, followed by others such as behavioral problems. Between May and June, the data for 2024 will appear, but the Foundation already predicts that "there will be little variation."
Not just anyone is suitable
Although we think that a pet will be fine in a new home or that the new owner will take proper care of it because they are good, these requirements are not enough. "When it is written down that another person will take care of the animal and will be responsible, that human must represent something for the cat or dog," stresses veterinarian Ricard Adán. "The future caregiver will be an emotional projection of the missing person. Therefore, they must be able to provide the interaction that is missing in the present and fill an absence, because there will inevitably be a void," says this expert. If this is not taken into account, the consequences can be adverse: "A dog that ends up in a place where it does not feel well cared for will end up having anxiety problems, will become depressed, will stop eating and will start to catch diseases. The animal is used to a language, a way of doing things, a way of communicating and a situation, and it will also be a big change, which will have to be dealt with."
