Wills and pets: who will look after my dog?
Introduction
Your dog, your cat or any other pet is part of your family. It accompanies you daily and deserves to be protected, even after you are gone. But what happens if you are no longer there to care for it? Who will take over? How can you ensure it will be in good hands?
Swiss law is clear: an animal cannot inherit. It has no legal personality. You therefore cannot bequeath your estate directly to it. This legal reality worries many owners, particularly seniors who live alone with their four-legged companion.
Fortunately, legal solutions exist to secure your animal's future. A legacy with obligation allows you to entrust your companion to a trusted person whilst transferring the necessary financial means. Specialised foundations also offer secure alternatives if you have no one in your circle.
This guide explains how to include your animal in your will, which clauses to draft, what amount to plan for and how to avoid mistakes that could compromise your wishes.
📌 Summary (TL;DR)
In Switzerland, animals cannot inherit directly. The legal solution is the legacy with obligation: you designate a trusted person who receives an amount to care for your animal. You must specify the animal's identity, the beneficiary's name, the allocated amount and your care instructions. If you have no one, foundations such as the SPA or the Nana Foundation can take over.
📚 Table of contents
- Your animal cannot inherit: what Swiss law says
- Legacy with obligation: the legal solution to protect your animal
- How to draft this clause in your will
- Choosing the right person to care for your animal
- Determining the legacy amount
- Foundations and shelters as an alternative solution
- What happens if you have made no provision?
- Mistakes to avoid in your will
- Having your will validated by a notary
Your animal cannot inherit: what Swiss law says
In Switzerland, animals have no legal personality. They therefore cannot directly inherit property or money.
Article 641a of the Swiss Civil Code recognises animals as sentient beings, but they remain legally considered as movable property. This distinction is fundamental: a will for animals cannot appoint your dog or cat as an heir.
Any clause that directly designated an animal as beneficiary of an animal inheritance would be legally invalid. The notary or court would refuse its execution.
This legal reality requires finding alternative solutions to guarantee your companion's wellbeing after your death.
Legacy with obligation: the legal solution to protect your animal
The legacy with obligation constitutes the legal solution recognised by Swiss law. This mechanism is provided for by Article 482 of the Civil Code.
The principle is simple: you bequeath a sum of money or property to a trusted person, attaching the obligation to care for your animal.
This person receives the legacy, but must respect the imposed obligation: welcome the animal, provide for its needs, ensure its wellbeing until its natural death.
The advantages are multiple: total legal security, control over your animal's future, and financial protection for the person who will care for it. The obligation is enforceable: if the designated person does not respect their obligations, the heirs or executor can demand compliance.
How to draft this clause in your will
The clause must be integrated into your will in Switzerland in a clear and precise manner.
Start by explicitly identifying the animal concerned: name, species, breed, age, distinctive features. The more precise the description, the better.
Then designate the person who will receive the legacy with obligation. State their full name, date of birth and relationship to you.
Specify the amount or property bequeathed, then clearly formulate the obligation: "on condition that they take in and care for my dog until its natural death".
Add specific instructions if necessary: usual veterinarian, particular diet, medical needs. This clause integrates naturally into a holographic or authentic will.
Essential information to mention
Your clause must contain complete information to facilitate the animal's care:
- Animal's identity: name, species, breed, age, microchip number if applicable
- Designated person: full name, address, contact details
- Legacy amount: precise sum in Swiss francs
- Specific needs: particular diet, ongoing medical treatments, allergies
- Usual veterinarian: name and practice contact details
- Habits: walking routine, important behaviours to know
The more precise you are, the easier the transition will be for the animal and for the person who will welcome it.
Choosing the right person to care for your animal
The choice of person is crucial. Do not base your decision solely on affection: assess real capabilities.
Check the affinity with the animal: does the person already know your companion? Do they get along well? A pre-existing bond facilitates adaptation.
Consider availability: a dog requires daily time, a cat less but still needs regular presence.
The accommodation must be suitable: sufficient space, garden if necessary, landlord's permission for tenants.
Financial situation also matters: even with the legacy, the person must be able to advance costs whilst awaiting settlement of the estate.
Discuss it beforehand. Never designate someone without their prior agreement. Also plan for a substitute person in case of impossibility.
Determining the legacy amount
The amount must cover the animal's needs until its natural death. Several factors come into play.
Estimate the life expectancy: a cat can live 15-20 years, a dog 10-15 years depending on breed. If your animal is young, plan generously.
Calculate average annual costs: food (500-1,500 CHF), routine veterinary care (300-800 CHF), insurance (200-600 CHF). For a dog, allow 2,000-3,000 CHF per year minimum.
Add a margin for exceptional expenses: operations, specialised treatments, end-of-life care.
Concrete example: for a 5-year-old cat with a life expectancy of 15 years, plan for 10 years × 1,500 CHF = 15,000 CHF. For a large breed dog: 8 years × 3,000 CHF = 24,000 CHF.
Foundations and shelters as an alternative solution
If you have no trusted person, animal protection foundations constitute an excellent alternative.
These organisations accept legacies with obligation: you bequeath them a sum of money, and they commit to welcoming your animal, caring for it and finding a suitable foster family.
The advantages are numerous: recognised professionalism, suitable infrastructure, guaranteed veterinary care, network of selected foster families.
Sustainability is assured: unlike an individual, a foundation does not risk moving abroad or changing circumstances. Your animal will be cared for whatever happens.
Contact the foundation of your choice before your death to learn their conditions and formalise the agreement.
The SPA and other Swiss shelters
The Swiss SPA and its cantonal sections accept this type of arrangement. Each shelter has its own conditions, but the principle remains the same.
The animal is welcomed into the shelter, cared for by professionals, then placed in a foster family selected according to its specific needs.
The legacy finances accommodation costs, veterinary care and the placement process. Any remaining balance benefits other animals in the shelter.
Contact the shelter in your region to discuss arrangements. Some shelters require a minimum amount or specific guarantees. Formalise the agreement in writing before integrating the clause into your will.
The Nana Foundation and specialised foundations
The Nana Foundation, based in Geneva, specialises in welcoming animals from deceased or hospitalised owners.
It offers a complete service: temporary or permanent accommodation, veterinary care, foster family placement, long-term monitoring. The foundation works with a network of selected volunteer families.
Other similar foundations exist in French-speaking and German-speaking Switzerland. They operate on the same principle: legacy with obligation, professional care, suitable placement.
Make contact during your lifetime to visit the facilities, meet the team and formalise your wish. These foundations can also advise you on drafting the testamentary clause.
What happens if you have made no provision?
Without a will for animals, your companion forms part of the estate as ordinary movable property.
Legal heirs inherit it in the same way as your furniture or car. They can decide to keep it, give it away, or place it in a shelter.
The problem: your heirs are not necessarily animal lovers. They may live abroad, have allergies, or simply not want this responsibility.
In the worst case, the animal ends up in a shelter without resources for its upkeep. Some saturated shelters refuse admissions. Euthanasia then becomes a considered option.
This harsh reality underlines the importance of planning ahead. Your animal depends entirely on your testamentary provisions for its future.
Mistakes to avoid in your will
Certain mistakes can invalidate your clause or create complications:
- Appointing the animal as direct heir: legally impossible, the clause will be cancelled
- Insufficient amount: underestimating costs condemns the person to pay out of pocket
- Not informing the designated person: they may refuse at the time of succession
- Forgetting to update: if the animal or person dies before you, the clause becomes void
- Contradictory instructions: designating several people without specifying the order creates conflicts
- No substitute person: if the first person cannot, who takes over?
Review and update your will regularly.
Having your will validated by a notary
Consulting a notary secures your approach. They verify the legal validity of your clause and ensure it complies with Swiss law.
Two options are available: the holographic will (handwritten, dated and signed by you) is free but may present formal risks. The authentic will (drafted by the notary) costs between 500 and 1,500 CHF depending on complexity, but guarantees total validity.
The notary can also advise you on the legacy amount, formulation of the obligation and alternatives if your situation changes.
Remember to register your will with the cantonal or federal register. Without registration, it risks never being found after your death.
Protecting your pet after your death is a responsible and caring approach. Swiss law does not allow your dog or cat to inherit directly, but the legacy with obligation offers an effective legal solution. By designating a trusted person and bequeathing them a sum of money on condition that they care for your companion, you ensure its future wellbeing.
Remember to detail your animal's specific needs, choose a realistic amount and plan for a backup solution. If you have no one in your circle, Swiss shelters and foundations such as the SPA or the Nana Foundation can represent a reliable alternative.
Drafting your will deserves attention and rigour. To avoid any error or dispute, do not hesitate to consult a notary who will validate the conformity of your wishes. Planning today means offering your animal the security it deserves tomorrow. To learn more about drafting a will compliant with Swiss law, consult our complete guide on wills in Switzerland.
