www.animallaw.info




Search the Site:       

Search Tips


DONATIONS

Click Here to make a tax deductible donation.


Select by State




Select by Topic


Select by Subject




Select by Species




World Law




Additional Categories














Delaware

West's Delaware Code Annotated Currentness. Title 12. Decedents' Estates and Fiduciary Relations. Part V. Fiduciary Relations. Chapter 35. Trusts. Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes. § 3555. Trust for care of an animal and other purposes.

Statute Details
Printable Version
Citation: DE ST TI 12 § 3555

Citation: 12 Del.C. § 3555


Summary:   Delaware enacted its pet trust law in 2006. A trust for the care of one or more specific animals living at the settlor's death is valid. The trust terminates upon the death of all animals living at the settlor's death and covered by the terms of the trust. 


Statute in Full:

(a) A trust for the care of one or more specific animals living at the settlor's death is valid. The trust terminates upon the death of all animals living at the settlor's death and covered by the terms of the trust.

(b) Subject to the provisions of subsection (a) of this section, a trust for a declared purpose that is not impossible of attainment is valid notwithstanding that the trust might not be deemed to be for charitable purposes.

(c) A trust authorized by subsection (a) or (b) of this section shall not be invalid because it lacks an identifiable person as beneficiary if such trust would otherwise be valid if treated solely for purposes of this subsection (c) of this section as a charitable trust.

(d) A trust authorized by subsection (a) or (b) of this section may be enforced by a person appointed in the terms of the trust or, if there is no such person, by a person appointed by the Court of Chancery. A person who has an interest in the welfare of the animal or animals or in the declared purpose of the trust other than a general public interest may petition the Court of Chancery for an order that appoints a person to enforce the terms of the trust or to remove that person.

(e) Property of a trust authorized by this section may be applied only to its intended use. Upon the termination of the trust, any property of the trust remaining shall be distributed in accordance with the terms of the trust or, in the absence of such terms, as provided in § 3592 of this title.

Added by 75 Laws 2006, ch. 301, § 3, eff. Aug. 1, 2006.

Top of Page