Full Statute Name:  West's Arkansas Code Annotated. Title 28. Wills, Estates, and Fiduciary Relationships. Subtitle 5. Fiduciary Relationships (Chapters 64 to 72). Chapter 73. Arkansas Trust Code. Subchapter 4. Creation, Validity, Modification, and Termination of Trust.

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Primary Citation:  A.C.A. § 28-73-408 Country of Origin:  United States Last Checked:  August, 2015 Alternate Citation:  AR ST § 28-73-408 Date Adopted:  2005
Summary:

This statute represents Arkansas' 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 Text: 

(a) 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.

(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by a court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent a court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.

Acts of 2005, Act 1031, § 1, eff. Aug. 12, 2005.

 

 

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