Testamento e devoluzioni in favore degli animali

The article examines the validity and legal treatment of testamentary dispositions aimed at the protection of animals, distinguishing between two different situations: a disposition in favor of the general category of animals and one directed to the care of a companion animal. With regard to the first case, the paper proposes the application of Article 630 of the Italian Civil Code, concerning dispositions in favor of the poor “and others similar thereto” emphasizing the altruistic purpose underlying the testator’s declaration of will. As for the second case, the testamentary clause benefiting the companion animal is interpreted as a charge imposed upon the estate, and the resulting practical implications are outlined.