A singular story comes from Florence, where the Court issued a sentence destined to cause discussion, validating the will of a lady who left all her possessions to “needy cats and dogs”. The decision, which raises new questions about the recognition of animal rights, rejects the appeal of a relative who contested its validity.
The story began in 2020, when a Florentine lady, without husband or children, deposited a holographic will with a notary, establishing that her entire estate, furniture and properties, be donated “to needy dogs and cats”. Upon his death in 2023, the succession opens. A relative, however, contests the will, arguing that animals lack legal capacity and that the testatrix’s wishes are too general.
The Court of Florence, however, expressed itself differently. While recognizing the generic nature of the will, the judges favored respect for the deceased’s wishes, clearly expressed in the document. The lady wanted her assets to be used to help stray animalsand this was considered the crucial element.
The sentence does not attribute subjective rights to the animals, but recognizes them as belonging to the Municipality of Florence, “in order to achieve the purpose envisaged in the will”. In essence, the municipal administration will manage the inheritance, using it for the welfare of animals in need.
This decision represents an important precedent, as it recognizes the desire of an individual to allocate their assets to the protection of animals, even in the absence of specific legislation on the matter.
The ruling of the Court of Florence raises important ethical and legal questions. While not recognizing the legal capacity of animals in this specific case, the ruling opens a debate on the possibility of attributing to them a form of legal subjectivity, that allows you to be the holders of rights. The Court’s decision also highlights the importance of ensuring animal welfare, including through innovative legal instruments. Finally, lhe ruling reaffirms the principle of respecting the will of the testatoreven in complex cases not foreseen by current legislation.
The Florentine case could have a significant impact on future legislation on animal rights and inheritance, opening a debate at national level on the possibility of introducing specific rules that allow one to leave one’s possessions to animals, while ensuring the correct management of the assets.
