Making Arrangements For Pets After Death

Most people love pets. They are buddies. For instance, dogs, they are man’s best friend. Hence, it is in this article that we shall talk about making arrangements for pets after death.

Pet owners, most of them, consider their pets as members of their own family. Some would call their pets “fur babies” out of love and affection, ensuring that their pets are well taken care of. As love seems to transcend death even for pets, one man from the UK left his entire fortune worth £7 million to his cat instead of his children.¹

In the same vein, Miami socialite and heiress Gail Posner left a $3 million trust fund and a Miami beach mansion to her three Chihuahuas so that the pooches are well taken care of after her death, while leaving only $1 million to her son.² These scenarios prove that pet owners would like their fur babies to be taken care of even after their death by instituting these animals as heirs.

Making arrangements for pets after death

This begs the question of whether the scenarios above may apply to Filipino pet owners. May they also institute their pet as an heir based on Philippine law? If not, how may Filipino pet owners legally ensure the custody, protection, and well-being of their pet beyond their death? This article delves into the ways by which Filipino pet owners may utilize testamentary succession to take care of their pets beyond death.

Philippine succession laws

Succession is a mode of acquisition by virtue of which the property, rights, and obligations to the extent of the value of the inheritance of a person, are transmitted through his death to another or others either by his will or by operation of law.³ The requisites of succession are as follows:

1. Death of decedent;
2. Acceptance of the inheritance by the successor;
3. Transmissible estate; and
4. Existence and capacity of successor, designated by decedent or law.

If a person desires to give an inheritance to another, he may write a will to name such beneficiary as his heir. An heir is a person called to succession either by the provision of a will or by operation of a law.⁴

This naming of an heir is legally called the institution of an heir. As further explained under Article 840 of the Civil Code, “[i]nstitution of heirs is an act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations.”⁵

To become an heir, one must first have a juridical personality. Juridical personality is the fitness to be the subject of legal relations.⁶ One example of being the subject of legal relations is being instituted as an heir in a will. Hence, before one may be instituted as an heir, he must first have a juridical personality, i.e., be fit to be the subject of legal relations.

Under Philippine Law, only persons are accorded with juridical personality.⁷ To define, a person is any being, physical or moral, real or juridical and legal, susceptible of rights and obligations, or of being the subject of legal relations.⁸

There are two types of persons recognized under the Philippine Law: (1) natural persons; and (2) juridical persons. Natural persons are human beings and have physical existence, while juridical persons are artificial persons to which the law has granted capacity for rights and obligations.

The law classifies juridical persons into three:

1) the state and its political subdivisions;⁹

2) entities for public interests or purposes;¹⁰

3) entities for private interests or purposes.¹⁰

Are pets considered as persons?

Although owners may treat their own pets as their children, Philippine Law does not consider them as persons for purposes of juridical personality.¹¹ At best, animals are considered as properties under the Civil Code.¹²

Having no juridical personality, therefore, animals cannot possess legal rights and obligations. It therefore becomes clear that animal pets cannot be instituted as an heir. An heir first needs to have a juridical personality, which the Philippine Law has not accorded to animals.

Since pets are considered as properties under the law, they become a part of the estate of their owners, just like any other property. Thus, pets cannot succeed their owners under Philippine testamentary laws.

What is the Alternative?

Although pets are legally deemed as property, the law seems to allow a person to be designated as a voluntary heir for the benefit of the testator’s pets.¹³ This benefit may be provided for in the will in the form of a condition.¹⁴ Article 871 of the Civil Code provides that “[t]he institution of an heir may be made conditionally, or for a certain purpose or cause.”¹⁵

The following are examples of an institution of an heir with a condition¹⁶ or for a certain purpose or cause,¹⁷ which may be made for the benefit of the testator’s pets.

1. Institution of heir with a condition: “I institute my sister, Hannah, as my heir provided that she takes care of my 12 dogs.”
2. Institution with a purpose: “I bequeath to Zedy P10 million, so that the same may be spent for the care of my 12 dogs until their death.”

In addition, pet owners can provide for their pet in a will in the form of a charge.¹⁸ Article 882 of the Civil Code provides:

Article 882. The statement of the object of the institution, or the application of the property left by the testator, or the charge imposed by him, shall not be considered as a condition unless it appears that such was his intention.¹⁹

That which has been left in this manner may be claimed at once provided that the instituted heir or his heirs give security for compliance with the wishes of the testator and for the return of anything he or they may receive, together with its fruits and interests, if he or they should disregard this obligation.¹⁰

This type of modal inheritance can be claimed immediately as opposed to a conditional will.²⁰ However, it is necessary that the heir shall file a bond as security for the fulfillment of the obligation before the delivery of the inheritance.¹⁴ In case of failure to comply with the obligation, the heir must return whatever he may have received as inheritance from the testator together with the fruits and interests.¹⁴

For example, a Last Will and Testament may provide as follows: “I bequeath P10 million to Zedy, so that the same may be spent in caring for my 12 Shih Tzus until the last of them dies. In return for taking care of my dogs, I bequeath another P5 million unto him.”

In the said example, Zedy can claim the P15 million immediately, but he must file a bond as a security for the fulfillment of the obligation to take care of the 12 Shih Tzus until the last one dies. If he fails to fulfill the obligation, he must return the P15 million together with its fruits and interests.

Sample problems regarding testamentary rules for the benefit of pets

To further elucidate testamentary rules for the benefit of pets, several examples will be discussed below.

For the first example, A, the testator, has written in his will that B, his son, can only get the P1,000,000.00 legitime from his estate provided that he takes care of the former’s 10 horses, 12 dogs, and 5 cats of A for a period of 30 years.

Is the condition valid? No, the condition is not valid. The testator cannot impose any charge, condition, or substitution whatsoever upon the legitimes prescribed in this Code. Should he do so, the same shall be considered as not imposed.²¹

All authorities are unanimous that the only portion of the estate that cannot be impaired by the testator is the legitime. This is the part of the property that the testator cannot dispose of because the law has reserved it for certain heirs, called forced heirs.²² This means that A cannot deprive B, his compulsory heir, his legitime, as the law disallows the impairment of the same.

For the second example, A bequeaths to B all of the free portion of my estate, naming B as heir so that B may take care of all of A’s pets until the last pet dies. Is this a valid disposal of the estate? It is not.

This is merely an expression of personal opinion of the testator, which does not bind the heir.²³ This means that the testator should expressly impose an obligation to his heir, so that the latter may be bound to said obligation.

For the third example, A bequeaths to B all of the free portion of A’s estate for the care of A’s 12 Shih Tzus provided that B uses the same for the maintenance of the lavish lifestyle of A’s dog for a period of 20 years.

Is this a valid disposal of the estate in favor of the dogs? Yes, this is a valid disposal. The institution of A as an heir was made conditionally, with a term, and with a purpose to be applied to the free portion of the estate in accordance with Article 871 of the Civil Code.

Recommendation

As discussed above, a pet cannot be instituted as an heir because it has no juridical personality. This does not mean, however, that a testator is legally unable to leave behind his pets unattended and without care. Rather, the testator may include obligatory provisions in his will for the custody and safekeeping of his pets after his death. Such provisions include the following:

1. By leaving the pet as a gift to a family member or a trusted person;
2. By instituting a trusted person as an heir to take care of the pet in the form of a condition or a charge; and
3. By leaving the pet to a trusted pet organization dedicated to taking care of animals.

For the first option, the most logical thing for an owner to do is to leave the pet to another member of his nuclear family. If the testator does not want to leave his beloved pet to his immediate family or blood relatives, he may give his pet to another person as a legacy in a will.

For the second option, the testator may institute a person as his heir to take care of his pet in the form of a condition or a charge in a will, as previously discussed.

If all else fails, the testator can exercise the third option which is to leave the pet to a trusted organization dedicated to taking care of animals.

Conclusion

Owing to biological boundaries, Philippine Law has yet to equate pets with humans in terms of legal rights and privileges. Because of this, pets cannot yet become heirs in the wills of Filipino testators.

Still, with enough understanding and proper application of the rules of succession under the Civil Code, pets may still feel the care and affection of their Filipino owners even after the latter pass away.

Notwithstanding the legal obstacles, Filipino pet owners may feel relief that their love for their fur babies can transcend not only death, but also the law.

1. Tuttle, Brad, The world’s richest cat and other crazy guinness records involving money, Money.com, September 3, 2015[↩]
2. Associated Press, Son disputes heiress Gail Posner’s will that leaves millions for care of her Chihuahuas. Los Angeles Times, June 28, 2010[↩]
3. Article 774, Civil Code[↩]
4. Article 782, Civil Code[↩]
5. Article 840, Civil Code[↩]
6. Article 37, Civil Code[↩]
7. See Articles 37-47, Civil Code[↩]
8. 2 Sanchez Roman 110[↩]
9. Article 44, Civil Code[↩]
10. Id.[↩][↩][↩]
11. See Resident Marine Mammals vs. Secretary of Energy, G.R. No. 180771, April 21, 2015[↩]
12. See Article 415-418, Civil Code[↩]
13. See Timoteo B. Aquino, Animals in Philippine Law, 1 U. Asia & PACIFIC L.J. 45, 57 [2018][↩]
14. Id.[↩][↩][↩]
15. Article 871, Civil Code[↩]
16. See Article 871-878, Civil Code[↩]
17. See Articles 871-883[↩]
18. Supra., Note 16[↩]
19. Article 882, Civil Code[↩]
20. Desiderio P. Jurado, Comments and Jurisprudence on Succession [2009, ed.][↩]
21. Article 872, Civil Code[↩]
22. In the Testate Estate of Don Isidro Aragon, G.R. No. L2920, January 13, 1951[↩]
23. 13 Scaevola on the Civil Code 646, cited in Chiong Joc-Soy v. Vano, G.R. No. 3459, March 22, 1907[↩]