September is the month of the testament. When a person prepares this document, they usually leave their loved ones as their heirs, but what happens if that being is an animal? Is it possible to leave a pet as an heir?
First, it must be clarified that at the time of preparing a will it is not necessary to prepare a list of assets, unless the testator wants to leave some particular asset to someone, this is called a legacy.
In the case of a pet, then, it could be assumed that what is left is a legacy; However, there is an obstacle and that is that, except in Mexico City, animals are not recognized as sentient beings, which makes it impossible for them to be considered to receive the goods of someone who has died.
Who can I choose as heir?
To any person, whether related or not, as long as they have the capacity to inherit in accordance with the law.
It is convenient to clarify that, regardless of whether the testator designates his heirs freely, it must be taken into account that, if there are economic dependents in his charge (minor children, incapable children, ascendants who lack resources, siblings, etc.), they must allocate part of their estate to comply with child support obligations, since otherwise this right can be claimed by the beneficiaries even when a will has been granted to someone else.
What if I want to ensure the welfare of my pet if I die?
A person must necessarily be selected to be the recipient of the goods, but these can be conditioned to taking care of your pet.
For this to take effect, an executor can be appointed, who will be the person responsible for enforcing the last will of the testator.
After accepting his position, he will be in charge of caring for and assigning the assets established in the will. Its main function, once the testator has died, is to comply with the will, for which it must go before the notary and present the death certificate of the testator and the testimony of the will.
The notary will indicate to the executor the procedure to follow and will initiate the succession process. Finally, it will prepare the respective deed of adjudication by inheritance of the assets of the succession in favor of the heirs or legatees.