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I am a solicitor in Scotland. The passes according to the will. If there is no named beneficiary then the person the residue of the estate goes to is the person entitled to the dog. Your niece did not own the dog at the date of death and has no right to the dog. If necessary the executor can raise court proceedings for delivery of the dog. I hope that helps. Please leave a positive rating so that JustAnswer credits me for helping you today.