Can I make my cat my sole heir?
Can I make my cat my sole heir?
"I'm the owner of a magnificent show cat and I'm in good financial health, but as I'm on my own, I'd like to know if there's any legal provision that would allow me to name my favourite companion as my sole heir?
Michèle, Geneva
According to art. 467 of the Civil Code (CC), anyone who is capable of discernment and over 18 years of age has the right to dispose of their property by will. The problem in your case does not relate to your right to bequeath your property, but rather to your cat's right to receive it: in order to have the capacity to receive an inheritance, you must exist at the time of the death of the person making the will, survive him or her and not be unworthy (art. 539 et seq. CC). However, according to the doctrine, only a person who enjoys civil rights in accordance with art. 11 CC "exists", which means that your pet does not exist in the sense of the law, since it is obviously not a person.
On the other hand, a legal entity such as an association, a foundation or a limited company can succeed to your cat's estate as long as it has legal personality. You could therefore consider bequeathing all your assets to an entity that could benefit your cat, like all those who take care of his figure, taking care to clearly designate the purpose of your bequest and the people who will manage it, or an association that protects animals, so that your little companion can directly or indirectly continue to benefit from your assets.Bear in mind, however, that Swiss law offers protection to certain circles of heirs of the person making the bequest, known as the legal heirs, who are first and foremost his or her children or their own descendants, followed by his or her father and mother or their descendants. These heirs are protected against any desire on the part of the settlor to leave everything to an appointed heir, as art. 470 and 471 of the Civil Code guarantee them the right to a reserve, i.e. three quarters of the theoretical right of succession for a descendant and half of that right for the father, mother and spouse.
