Animal protection in inheritance provisions

In inheritance law, the devolution of assets traditionally occurs in favor of natural persons, entities, or recognized institutions. In this context, the issue of the allocation of assets to animals takes on particular importance, as it presents the interpreter with the legal limitation represented by their nature. Animals, despite being sentient beings, are not legal subjects and therefore cannot be direct recipients of an inheritance.

The impossibility of attributing to animals the status of heirs does not, however, exclude the possibility of protecting their well-being through appropriate legal instruments. The legal system allows the testator to dispose of his or her assets through testamentary provisions aimed at the care and maintenance of animals, provided that such provisions comply with the general principles of inheritance law and do not violate the rules on necessary succession.

Among the most commonly used instruments are bequests with a specific destination, through which the testator assigns certain assets or sums of money to a natural person or entity, imposing the obligation to use them exclusively for the care of the animal. These provisions may be accompanied by the appointment of an executor, responsible for overseeing the fulfillment of the obligations imposed and the proper use of the assets earmarked for this purpose.

Another important instrument is the trust fund or, in comparative law, the so-called pet trust, an institution not expressly regulated in Italian law but which can be implemented through privately-held contractual arrangements. In these cases, the assets are segregated and allocated exclusively to meeting the needs of the animal, with the provision of individuals responsible for its management and control.

The assets covered by these provisions do not necessarily have to consist of sums of money. They may include real estate, personal property, company shares, or other assets, provided they are functional to the maintenance of the animal or to finance the expenses necessary for its care. For example, a property may be used as a residence for the animal or as a boarding facility. Land may be restricted to protective use. An invested capital can guarantee long-term coverage of veterinary and care expenses.

In recent years, practice has shown an expansion of the scope of these instruments, including the protection of non-domestic animals. In these cases, the assets are allocated to foundations, associations, or entities operating in the field of environmental and wildlife protection. The purpose is not the care of a single animal, but the protection of natural habitats and protected species, through will with restricted content.

The ability to allocate assets to the welfare of animals, while respecting the limits imposed by law, represents a significant evolution in inheritance law. It demonstrates a progressive recognition of the legal value of animal protection, which translates not into an autonomous legal entity, but into mediated protection, entrusted to the responsibility of individuals and entities called upon to concretely implement the testator's wishes.