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Detailed Discussion of Pet Trusts |
This article explores the history of trusts created for the care and maintenance of companion animals under common law. It then examines the enactment of state pet trust laws, which now allow individuals to establish trusts to care for pets after their death. Finally, the paper discusses recent challenges in court to pet trusts for excessive amounts. |
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DE - Trust for care of an animal - Chapter 35. Trusts |
Delaware enacted its pet trust law in 2006. A trust for the care of one or more specific animals living at the settlor's death is valid. The trust terminates upon the death of all animals living at the settlor's death and covered by the terms of the trust. |
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DC - Trust for care of animal - Chapter 13. Uniform Trust Code. |
This statute represents the District of Columbia'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 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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CT - Pet Trust - Chapter 802C. Trusts |
Connecticut enacted its "pet trust" law in 2009. Under the law, a testamentary or inter vivos trust may be created to provide for the care of an animal or animals alive during the settlor's or testator's lifetime. The trust terminates when the last surviving animal named in the trust dies. The trust must designate a "trust protector" who acts on behalf of the animals named in the trust. |
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CO - Trusts for Pets - Article 11. Intestate Succession and Wills. |
This Colorado statute provides that trust for the care of designated domestic or pet animals
and
the animals' offspring in gestation is valid. The determination of the "animals' offspring in gestation" is made at the time the designated domestic or pet animals become present beneficiaries of the trust. Unless the trust instrument provides for an earlier termination, the trust terminates when no living animal is covered by the trust (but no longer than 21 years). The trust property then transfers as provided by statute, but the trustee may not covert the trust property.
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CA - Trusts - § 15212. Trusts for care of animals; duration; requirements; accountings; beneficiaries |
This California statute provides that a person can create a trust for the care of a designated domestic or pet animal for the life of the animal. The duration will only be for the life of the pet, even if the trust instrument contemplates a longer duration. Note that the statute uses the singular form of "animal" and the term "domestic" or "pet" is used. |
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Brief Overview of Pet Trust Laws |
This brief overview discusses how pet trusts can help owners care for their pets in the event of disability or death.
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AZ - Pet Trusts - Honorary trusts; trusts |
This Arizona statute allows for the creation of a trust for a designated domestic or pet animal, and must be performed in 21 years or less. The trust terminates when no living animal is covered by the trust; the remaining property is distributed according to statute and cannot be converted by the trustee. |
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AR - Trusts - Trust for care of animal. |
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. |
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An Introduction to Pet in Wills and Pet Euthanasia |
This paper examines several issues related to estate planning and companion animals. Included in the discussion are pet trusts, new provisions of the Uniform Probate Code, and will-stipulated euthanasia of pets.
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