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TN - Trusts - § 35-15-408. Trust for care of animal. T. C. A. § 35-15-408 TN ST § 35-15-408 This Tennessee trust law, amended in 2007, provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. The trust may not be enforced for more than 90 years. Statute
THE STATUTORY PET TRUST : RECOMMENDATIONS FOR A NEW UNIFORM LAW BASED ON THE PAST TWENTY-ONE YEARS Shidon Aflatooni 18 Animal L. 1 (2011)

Nearly three-fourths of American households include pets. Often, these pets are considered to be members of the family and are cared for as such. When a pet owner dies, however, questions often arise as to who will be responsible for continuing to care for the animals. Previously, probate and trust laws did not allow pet owners to provide for the care of their pets after death. In 1990, the National Conference of Commissioners on Uniform State Laws (NCCUSL) enacted the first pet trust statute in the Uniform Probate Code.

Since then, the NCCUSL passed the Uniform Trust Code, which included a pet trust provision, and currently forty-six states and the District of Columbia have passed statutes specific to pet trusts. These laws are designed to create enforceable trusts for the care of animals after an owner’s death. Variations in these statutes across jurisdictions, however, lead to situations where a pet owner’s wishes may not be honored or enforced. This Article analyzes the statutory language found in the Uniform Probate Code, the Uniform Trust Code, and various state statutes relating to pet trusts. This Article identifies the strengths, weaknesses, and purposes of the pet trust statutes, and it concludes with a draft of improved pet trust legislation that will be beneficial to pet owners, trustees, caretakers, and pets alike.

 Article
Separation, Custody, and Estate Planning Issues Relating to Companion Animals Rebecca J. Huss 74 Univ. Colo. Law Review 181 (2003)

The article considers the role of companion animals in today's family in the United States. It explores the legal aspect of pets as it relates to their status as property, as well as the issues of separation and estate planning for such animals.

Article
SD - Trust - 55-1-21. Trust for care of designated animal. S D C L § 55-1-21 SD ST § 55-1-21 South Dakota's pet trust law was enacted in 2006. Amendments to the law in 2018 provide that trusts for the care of a designated animal or animals are valid. Statute
SC - Trust - § 62-7-408. Trust for care of animal Code 1976 § 62-7-408 SC ST § 62-7-408 South Carolina's pet trust law was originally enacted in 2006. A trust may be created to provide for the care of an animal or animals alive or in gestation during the settlor's lifetime, whether or not alive at the time the trust is created. The trust terminates upon the death of the last surviving animal. Statute
RI - Trusts - § 4-23-1. Trust for care of animals Gen. Laws, 1956, § 4-23-1 RI ST § 4-23-1 This law represents the state's pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal, or if the trust was created to provided for the care of more than one animal alive during the settlor's lifetime upon the death of the last surviving animal. The statute lists a distribution schedule for any remaining trust property and also states that such trusts are to be liberally construed to carry out the transferor's intent. Statute
Re Weaver; Trumble and Animal Welfare League of Victoria [1963] VR 257

As part of her will, a testatrix left the yearly interest from a capital sum to the benefit of the Animal Welfare League of Victoria. After consideration of the objects of the League, the Court found that the League's activities were charitable and that even if its attention was not devoted to caring for sick animals in need of medical attention, this would not deprive the League's purpose of its charitable intention. The gift was, therefore, deemed a charitable gift.

Case
Pet Trusts and Other Estate Issues David S. Favre Animal Legal & Historical Center

This overview explores the recent changes in probate law related to wills and trusts for the continuing care of animals.

Article
Perpetual Trustees Tasmania Ltd v State of Tasmania [2000] TASSC 68

A testatrix bequeathed a part of her estate to be used in support of 'animal welfare'. It was held that this constituted a charitable trust as the purpose was so predominantly charitable that the intention was to be assumed and that even if that portion of the estate could be used for non-charitable purposes, this was in a manner allowed under the Wills Act 1992 (Tas).

Case
PA - Trust - § 7738. Trust for care of animal - UTC 408 20 Pa.C.S.A. § 7738 PS ST 20 Pa.C.S.A. § 7738 In 2006, Pennsylvania became the 32nd state to adopt a pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. Statute

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