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OH - Trust - Chapter 5804. Creation, Validity, Modification and Termination of Trust |
Ohio enacted its pet trust law in 2007. 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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OK - Trust - § 199. Validity of a trust for the care of domestic or pet animals. |
Oklahoma enacted a "pet trust" law in 2010. The law provides that a trust for the care of designated domestic or pet animals is valid and terminates when no living animal is covered by the trust. If no trustee is named, the court shall appoint one. |
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OR - Trusts - 130.185. Pet trust. |
This statute comprises Oregon's Pet Trust law based on the Uniform Trust Code. Under the law, a trust may be created to provide for the care of one or more animals that are 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, upon the death of the last surviving animal. |
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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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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).
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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.
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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.
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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. |
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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. |
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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. |
