CrimeaPRESS reports:
No, of course, you cannot directly leave your apartment and your money to your beloved cat. No matter how much you want. But there are other ways to take care of your pet even after a tragic separation.
As notaries explain, notes «Russian newspaper», people make so-called testamentary assignments. They leave the heirs the order to maintain, feed orphaned animals, and take care of them. They even allocate separate funds for this in the will.
Animals are property by law. In a sense, this is a problem: both psychological and legal. It is clear that sometimes, in the owner’s opinion, his cat Vasily would have managed the property much better than his idiot nephew Vaska. However, Vaska has something that Vasily does not have by birth: human rights.
In the eyes of the legislator, both a cat and a dog are nothing more than things. Something like a closet. So the heir, who is entrusted with taking care of the pet, automatically becomes the owner.
The testator may impose on the heirs the obligation to maintain, care for, and look after the remaining pets after his death.,” experts from the Federal Notary Chamber told RG. — Funds for the maintenance of the animal must be taken from the property of the testator.
In one case, for example, a woman obliged future heirs to maintain six of her dogs and a goat. And she provided for the executor of the will (also called the executor), who was supposed to control the execution of her will.
The executor of a will can be either a person or a legal entity, experts emphasize. — And he does not have to be on the list of heirs. If something goes wrong, then interested parties, the executor of the will and any of the heirs can demand execution of the testamentary assignment in court.
In other words, it is important to find a caring person who could monitor the heirs. It could be a whole company where caring people work.
So, after the death of the owner, the beloved dog will not end up in the position of a mongrel. And cats will not be deprived of their rightful bowl of milk. If one of the heirs decides to be mischievous, in the sense of violating the cat’s rights to sausages, then the person will be sued.
A testamentary assignment can also be addressed to the executor of the will, but then he must be allocated a part of the inherited property for these purposesexperts say.
There are also unusual situations. Notary Alena Tkachenko recalls that she was once struck by a will certified by the village council in 2009. It, as expected, talked about property, but the last paragraph said: “Shoot the dog and cat.” The will was declared partially invalid.
Needless to say, a professional notary would never allow such a will to be drawn up.
Sometimes people try to write conditions into wills that cannot be correctly tracked and taken into account, notary representatives continue. An example of an incorrect wish from practice: a man wanted to bequeath an apartment to his grandson, but only if he received a higher education. In this case, it is impossible to provide for all the nuances, experts explain.
For example, who will accept the inheritance if the grandson is still a minor at the time of the testator’s death. And you can wait a very long time for the coveted diploma, because a person can go to study at 19, and, relatively speaking, at 49 years old. Who will look after the apartment and change the oil in the limousine all this time?
Here’s another case: a very elderly man wanted to write that he would leave an inheritance to his granddaughter, but only if she got married. Did not work out. Because it can’t be like that.
Experts remind us that for some time now spouses have the opportunity to draw up one will for two. A husband and wife may or may not change the community property regime in the event of the death of one or both of them. They can establish both the same and different heirs after the death of each of them.
They may provide for independent testamentary refusals and assignments. The first is, for example, when a husband leaves his wife an apartment with the condition that his parents or someone else can live there. The assignment concerns generally beneficial purposes. For example, when a spouse in her will indicates which gallery her collection of paintings should be given to. It also includes instructions to care for animals or bury the testator in a certain way.
Testamentary dispositions can be made in relation to all property, certain types of property or specific objects. For example, a couple buys an apartment and immediately agrees that after the husband’s death it will go to his son from his first marriage. In a joint will, the spouses can determine, firstly, that in the event of the death of either of them, this apartment will be the personal property of the husband. Secondly, regardless of whether the husband passes away earlier or later than the wife, this apartment will pass to his heir. That is, the wife will be able to claim it only as an obligatory heir, if her obligatory share is not “overshadowed” by other inherited property.
source: «Russian newspaper»
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