Wills and Trusts

Displaying 11 - 20 of 73
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TN - Trusts - § 35-15-408. Trust for care of animal. 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.
THE STATUTORY PET TRUST : RECOMMENDATIONS FOR A NEW UNIFORM LAW BASED ON THE PAST TWENTY-ONE YEARS
Separation, Custody, and Estate Planning Issues Relating to Companion Animals


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.
SD - Trust - 55-1-21. Trust for care of designated animal. 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.
SC - Trust - § 62-7-408. Trust for care of animal South Carolina's pet trust law was originally enacted in 2006.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.
RI - Trusts - § 4-23-1. Trust for care of animals 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.
Re Weaver; Trumble and Animal Welfare League of Victoria


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.
Pet Trusts and Other Estate Issues


This overview explores the recent changes in probate law related to wills and trusts for the continuing care of animals.
Perpetual Trustees Tasmania Ltd v State of Tasmania


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).
PA - Trust - § 7738. Trust for care of animal - UTC 408 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.

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