(JP) Owners writing wills to benefit pets

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http://www.yomiuri.co.jp/dy/national/20080210TDY02306.htm

 

Owners writing wills to benefit pets

 

The Yomiuri Shimbun

 

A growing number of pet owners are turning to legal

experts for advice on drawing up wills that ensure

their beloved companions are looked after in the event

of their death.

 

Under the Civil Code, people cannot directly bequeath

assets to pets, so owners have been making wills

leaving their estates to nonfamily members on the

condition they take care of their pets.

 

With more pet lovers living alone because of the

declining birthrate and aging population, interest in

the issue of " asset succession " to pets is expected to

grow.

 

" For some people, a pet is more important than their

family, " administrative scrivener Hiroshi Ito said.

" There's extremely high interest in [such] wills. "

 

Ito, of Taito Ward, Tokyo, says he first had someone

call on him over drawing up a will to benefit their

pets five years ago. Since then, he has spoken with

about 50 people in similar cases.

 

Under the Civil Code, pets are deemed to be objects,

and may not inherit assets. " It's possible to bequeath

assets to pets using the 'onerous bequest' system, "

Ito said.

 

An onerous bequest is a method for creating wills for

situations such as leaving an estate to a person, but

with certain conditions, such as having a person look

after parents, or leaving them land in return for

taking over a farm.

 

This method can also be used for pets, and three

people to date have drawn up wills in this way.

 

One was a widow in her 70s who left 15 million yen to

an old friend in her neighborhood on condition the

friend took care of her dog.

 

" I feel a great weight lifted from my shoulders, " said

the woman, who has lived alone since the death of her

husband. " [The dog] will be all right if anything

happens to me. "

 

The other two were also elderly people who made wills

leaving assets of between 3 million yen and 5 million

yen to people on conditions they look after their

pets.

 

To avoid problems, these people had their wills

notarized, rather than just drawing up the wills

themselves.

 

They also gave a " memorandum " to the beneficiary of

the will setting specific instructions for looking

after the pets. These notes state matters such as the

number of times a day they should be fed and how often

they should be taken for walks.

 

" With an increase in the number of elderly people

living alone with their pets, the sudden death of the

owner could, in a worst case scenario, lead to the

animal being put down, " Ito said. " Drawing up a will

[to care for the pet] would give the owner peace of

mind and be good for the pet, too. "

 

But it is not only elderly people who are consulting

legal experts on such matters.

 

An administrative scriveners office in Kumamoto that

has an online consultation service for pet-related

inquiries has received requests from two single women

in their 30s to draw up draft wills.

 

One of the women has a dozen or so dogs, and has

reportedly made a will entrusting care of several dogs

each to a number of friends and colleagues.

 

But problems are forecast over issue of the actual

inheritance.

 

Masumi Yoshida, a professor at Obihiro University of

Agriculture and Veterinary Medicine and a lawyer with

expertise in legal issues regarding pets, says various

problems may ensue.

 

According to Yoshida, people may accept the assets,

but not look after the pets; legal heirs and other

people may have objections; or the pets may fail to

become attached to their new owners.

 

One measure to counter this may be to specify a

testamentary executor who is authorized in advance to

make sure the will is adhered to.

 

The testamentary executor will be able to nullify the

bequest if an heir does not keep a promise or if the

type of care the heir is requested to give is

unreasonable.

 

However, the definition of " care " is ambiguous.

 

" It's true that there is an increased need for [such

wills], but people should refrain from drawing up

wills irresponsibly, " Yoshida said. " As well as

properly checking out beforehand whether a person can

really take care of pets, it's necessary to decide

beforehand the details of care [in the will],

including what to do if a pet falls sick or there's an

emergency. "

 

(Feb. 10, 2008)