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Delaware

West's Delaware Code Annotated. 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

Statute Details
Printable Version
Citation: DE ST TI 12 3555

Citation: 12 Del.C. 3555


Last Checked by Web Center Staff: 11/2013

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 1 or more specific animals living at the trustor’s death is valid. The trust terminates upon the death of all animals living at the trustor’s death and covered by the terms of the trust.

(b) A trust authorized by subsection (a) of this section shall not be invalid because it lacks an identifiable person as beneficiary.

(c) A trust authorized by subsection (a) of this section may be enforced by a person appointed in the terms of the trust or, if there is no such person or if the last such person no longer is willing and able to serve, by a person appointed by the Court of Chancery. A person who has an interest in the welfare of the animal or animals 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.

(d) 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.

(e) In the case of a trust created in accordance with subsection (a) of this section, a trustor or other owner of an animal for whose benefit the trust was created may transfer ownership of the animal to the trustee at or subsequent to the creation of the trust. Subject to any contrary provision in the trust or other instrument by which ownership of the animal is given or bequeathed, if the person to whom ownership of the animal is given or bequeathed disclaims or releases such ownership, ownership of the animal shall pass to the trustee upon such disclaimer or release.

(f) The trustee of a trust created in accordance with subsection (a) of this section shall provide care for the benefit of the animal in accordance with the terms of the trust or, in the absence of any such terms, shall provide care that is reasonable under the circumstances. The trustee may employ agents or contractors to provide any such care and pay for such care from the assets of the trust.

(g) For purposes of this section, the term “animal” shall include any nonhuman member of the animal kingdom but shall exclude plants and inanimate objects.

CREDIT(S)

Added by 75 Laws 2006, ch. 301, § 3, eff. Aug. 1, 2006. Amended by 76 Laws 2008, ch. 254, § 11, eff. Aug. 1, 2008.
 


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