Full Statute Name:  West's Tennessee Code Annotated. Title 35. Fiduciaries and Trust Estates. Chapter 15. Tennessee Uniform Trust Code. Part 4. Creation, Validity, Modification, and Termination of Trust. § 35-15-408. Trust for care of animal.

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Primary Citation:  T. C. A. § 35-15-408 Country of Origin:  United States Last Checked:  October, 2014 Alternate Citation:  TN ST § 35-15-408 Date Adopted:  2004
Summary:

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 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. The trust may not be enforced for more than ninety (90) years.

(b) A trust authorized by this section may be enforced by any of the following who are appointed under the terms of a trust: a trustee, trust advisor, trust protector or other person or, if no person is so appointed, by a person appointed by the court. In addition, 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 the 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.

Credits

2004 Pub.Acts, c. 537, § 30, eff. July 1, 2004; 2007 Pub.Acts, c. 24, § 13, eff. April 12, 2007; 2013 Pub.Acts, c. 390, § 11, eff. July 1, 2013.

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