Quick Summary
- If there is no disposition of property upon death, pets are handed over by the court to the person who can best care for them. Farm animals, on the other hand, fall into the general estate and are largely treated as property or (where applicable) inherited according to agricultural inheritance law.
- Pets cannot inherit property themselves, as they do not have legal capacity. However, a bequest to animals is treated as a condition. Accordingly, the person who receives the animal and the corresponding assets must ensure its welfare and species-appropriate care.
- In a will or inheritance contract, it is possible to transfer the care and custody of a pet to specific persons and to describe the modalities in more detail. This arrangement can be linked to further benefits, conditions, requirements, or time limits in order to emphasize its importance.
More and more people in Switzerland are keeping pets . These four-legged companions often provide not only company, especially in old age, but also important support in everyday life. Their own needs ensure a daily routine and motivate their owners to be active outdoors and keep fit. Sometimes, the closest bond is even with one’s own pet. And because dogs, cats, or hamsters are so important to us, it is advisable to also think about how best to care for them in the event of death.
Where will my pet go after my death if I don’t make any arrangements?
The Swiss Civil Code expressly states that animals – whether pets or farm animals – are not property. However, because many rules of the law of obligations and, in particular, property law also make sense for animals, these rules are also applied to them, unless there are special provisions: An animal can be bought and sold like an object, or if it runs away, the person who finds it is obliged to report the find.
Even in the event of death, a pet is generally considered property and therefore falls into the estate of the deceased along with the rest of their assets. This estate is transferred by law to a sole heir or a community of heirs and belongs jointly to several heirs until the estate is divided. As part of the distribution of the estate , each individual item of the estate is assigned to an heir. This also applies to pets.
In other words, if there are several heirs, they are all jointly entitled and obliged to care for the deceased’s pet between the time of death and the distribution of the estate. Ideally, the heirs will agree from the outset on who will take care of the animal later on, so that this person can take it into their care as quickly as possible and help it get used to its new surroundings. However, it may also be the case that several heirs want to take the animal in, or that no one has the time or capacity to do so. In such a case, there is an inheritance dispute, as can also arise with real estate or works of art, for example.
If the heirs cannot agree on a compromise (in the form of a written partition agreement), an inheritance dispute is generally settled by the cantonal partition authority drawing lots. These lots are selected by the heirs, assigned at random by drawing, or converted into cash as part of a sale. Livestock (e.g., cattle, pigs, or chickens) are also included in such a lottery and assigned to the person who selects or draws them—provided that agricultural inheritance law does not apply to the inheritance anyway. Agricultural inheritance law provides for numerous special provisions to enable the continuation of agricultural businesses.
However, a special rule applies to pets: in the event of a dispute, the court awards sole ownership to the person who can guarantee the animal better accommodation in terms of animal welfare. This must be proven in the same way as in any other civil case: anyone who wants to take over the animal must convince the court that he or she is better able to do so than the co-heirs. For example, proof of expertise in species-appropriate animal husbandry can be submitted for this purpose. On the other hand, anyone who does not wish to take over the animal can argue in court that they do not have time for the animal due to professional or private commitments.
During the proceedings, the court may order the temporary placement of the animal, e.g., in an animal shelter or with a private individual. The costs for this will generally be borne by the community of heirs or the estate.
Pets are therefore not allocated by lot, but are assigned to the person best suited to care for them in accordance with animal welfare considerations. However, like objects, they also have a value, especially if they are rare or purebred breeding animals. If the pet has significant value in a specific inheritance case, the court may require the person to whom it is awarded to pay appropriate compensation to the co-heirs.
Can my pet inherit something itself?
Under Swiss law (and most other legal systems), only humans have legal capacity, i.e., the ability to have rights and obligations (which they can also assert themselves). Since a pet is not a human being, it cannot have the right to participate in an estate as an heir or legatee. Rather, as just shown, it is itself the subject of the inheritance.
If a pet is bequeathed an asset in a will, this provision cannot be enforced from a legal perspective. However, it is not entirely pointless, especially from an emotional point of view, at least if the testator has a comprehensible interest in ensuring that their pet is cared for after their death.
Therefore, a bequest to a pet under inheritance law is not invalid (i.e., contestable by certain persons) or even void (i.e., irrelevant to anyone from the outset), but is interpreted as a condition . The person who receives the animal and the assets bequeathed to it must care for it in a manner appropriate to its species in accordance with the condition. It is therefore a matter of regulating the care of the animal.
Can I make arrangements for my pet in my will?
The rule outlined above, whereby a pet is assigned to the person who is best able to care for it, applies in the event of a dispute and if the last will of the deceased is unknown. However, as with any other item of estate, you can also set out provisions regarding your pets in a will or inheritance contract. This means that you can assign the pet to an heir (known as a partition provision), or you can transfer it as a bequest to another person. Non-profit organizations that promote animal welfare and animal rights are also eligible as beneficiaries.
You can also attach conditions, requirements, or time limits to the arrangement concerning the animal. This makes it possible to specify consequences if the actual last will is not observed.
A condition could be worded as follows: “I bequeath my single-family home to my son Anton, on condition that he takes care of my dog Bello in the future. In particular, he is responsible for ensuring that Bello is well fed, gets enough exercise, and receives veterinary treatment if necessary.” In this case, Anton will definitely receive the house, and any person with an interest in the enforcement of the condition can take legal action in favor of Bello.
A requirement could be formulated as follows, for example: “My daughter Bianca shall receive half of my estate, on condition that she takes care of my cat Mauzi and provides it with appropriate care and attention. If she fails to comply with this condition, she shall receive only the statutory minimum inheritance; otherwise, the legal succession shall apply. The costs of caring for the cat shall be paid from my estate.” Accordingly, Bianca will only receive half of the inheritance if she also takes care of the cat in accordance with the testator’s instructions. If she does not do so for any reason, she will only receive the compulsory portion.
A time limit could look like this, for example: “My sister Coralie is granted the right to reside in my vacation home in Graubünden as long as she cares for my hamster. As soon as she no longer does so (e.g., if the hamster dies or she places it in the care of a third party), the right of residence shall lapse. Any entries in the land register shall be deleted accordingly.”
This means that there are many different options for making arrangements for pets. Much can be regulated in a will—as a rule, any testamentary provision is better than none at all. In complicated cases, however, it may be advisable to seek legal or notarial advice.