The Legal Status of Animals Constituting Part of the Estate in the Light of the Probate Procedure, the Current Challenges of Thinking in the Animal Protection Paradigm in the Application of Law

Abstract

My study aims to examine the legal fate of animals in the event of the death of an animal holder testator. The specific status of the animal, both as a living being and as a thing in legal terminology raises procedural dilemmas which the practice is confronted with. In view of the ethical aspects of the subject under examination, I believe that in order to give a proper grounding to the problem to be addressed, it is essential to discuss the social changes in the light of which the law on the protection of animals is becoming increasingly relevant today. I then point out the anomalies that arise in practice in the light of the need to think in terms of the animal protection paradigm. I examine the question of the inclusion of animals in the estate inventory for pets and animals kept for economic gain, the question of the inheritance of dangerous animals and dangerous dogs, the relevant cases of disclaimer of the estate and the validity of freedom of testamentary disposition. If sustaining the animal is not settled after the death of the keeper, the role of animal protection NGOs become strengthened. My study therefore looks at the possibilities for involving NGOs in the probate procedure.