Ariz. Rev. Stat. § 14-2907
effective January 1, 1995
amended July 10, 2009
Repealed as of July 1, 2016
§ 14-2907. Honorary trusts; trusts for pets; conditions
A. If a trust is for a specific lawful noncharitable purpose or for
lawful noncharitable purposes to be selected by the trustee and there is
no definite or definitely ascertainable beneficiary designated, the
trust may be performed by the trustee for not longer than ninety years
whether or not the terms of the trust contemplate a longer duration.
B. A trust for the care of a designated domestic or pet animal is valid.
The trust terminates when no living animal is covered by the trust. A
governing instrument shall be liberally construed to bring the transfer
within this subsection, to presume against the merely precatory or
honorary nature of the disposition and to carry out the general intent
of the transferor. Extrinsic evidence is admissible in determining the
transferor's intent.
C. In addition to the provisions of subsection A or B, a trust created
under this section is subject to the following:
1. Except as expressly provided otherwise in the trust
instrument, no portion of the principal or income may be converted to
the use of the trustee or to any use other than for the trust's purposes
or for the benefit of a covered animal.
2. On termination, the trustee shall transfer the unexpended
trust property in the following order:
(a) As directed in the trust
instrument.
(b) If the trust was created in a
nonresiduary clause in the transferor's will or in a codicil to the
transferor's will, under the residuary clause in the transferor's will.
(c) If no taker is produced by the
application of subdivision (a) or (b) of this paragraph, to the
transferor's heirs under § 14-2711.
3. For the purposes of § 14-2707, the residuary clause is treated as
creating a future interest under the terms of a trust.
4. The intended use of the principal or income can be enforced by a
person who is designated for that purpose in the trust instrument or, if
none, by a person appointed by a court on application to it by any
person.
5. Except as ordered by the court or required by the trust instrument,
no filing, report, registration, periodic accounting, separate
maintenance of funds, appointment or fee is required by reason of the
existence of the fiduciary relationship of the trustee.
6. A court may reduce the amount of the property transferred if it
determines that amount substantially exceeds the amount required for the
intended use. The amount of the reduction, if any, passes as unexpended
trust property under paragraph 2 of this subsection.
7. If no trustee is designated or no designated trustee is willing or
able to serve, a court shall name a trustee. A court may order the
transfer of the property to another trustee if this is necessary to
assure that the intended use is carried out and if no successor trustee
is designated in the trust instrument or if no designated successor
trustee agrees to serve or is able to serve. A court may also make other
orders and determinations that it determines advisable to carry out the
intent of the transferor and this section.
§ 46A-4-408. Trust for care of animal
Effective July 3, 2003
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 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 the 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 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.