Approved by Governor on July 22, 2008
Effective January 1, 2009
§ 15212.
(a) Subject to the requirements of this section, a trust for the care of
an animal is a trust for a lawful noncharitable
purpose. Unless expressly provided in the trust, the trust terminates
when no animal living on the date of the settlor's death remains alive.
The governing instrument of the animal trust shall be liberally
construed to bring the trust within this section, to presume against the
merely precatory or honorary nature of the disposition, and to carry out
the general intent of the settlor. Extrinsic evidence is admissible in
determining the settlor's intent.
(b) A trust for the care of an animal is subject to the following
requirements:
(1) Except as expressly provided otherwise in the trust
instrument, the principal or income shall not be converted to the use of
the trustee or to any use other than for the benefit of the animal.
(2) Upon termination of the trust, the trustee shall
distribute 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 settlor's will or in a codicil to the
settlor's will, under the residuary clause in the settlor's will.
(C) If the application of
subparagraph (A) or (B) does not result in distribution of unexpended
trust property, to the settlor's heirs under Section 21114.
(3) For the purposes of Section 21110, the residuary clause described in
subparagraph (B) of paragraph (2) shall be treated as creating a future
interest under the terms of a trust.
(c) The intended use of the principal or income may be enforced by a
person designated for that purpose in the trust instrument or, if none
is designated, by a person appointed by a court. In addition to a person
identified in subdivision (a) of Section 17200, any person interested in
the welfare of the animal or any nonprofit charitable organization that
has as its principal activity the care of animals may petition the court
regarding the trust as provided in Chapter 3 (commencing with Section
17200) of Part 5.
(d) If a trustee is not designated or no designated or successor trustee
is willing or able to serve, a court shall name a trustee. A court may
order the transfer of the trust property to a court-appointed trustee,
if it is required to ensure that the intended use is carried out and if
a successor trustee is not designated in the trust instrument or if no
designated successor trustee agrees to serve or is able to serve. A
court may also make all other orders and determinations as it shall deem
advisable to carry out the intent of the settlor and the purpose of this
section.
(e) The accountings required by Section 16062 shall be provided to the
beneficiaries who would be entitled to distribution if the animal were
then deceased and to any nonprofit charitable corporation that has as
its principal activity the care of animals and that has requested these
accountings in writing. However, if the value of the assets in the trust
does not exceed forty thousand dollars ($40,000), 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, unless ordered by the court or
required by the trust instrument.
(f) Any beneficiary, any person designated by the trust instrument or
the court to enforce the trust, or any nonprofit charitable corporation
that has as its principal activity the care of animals may, upon
reasonable request, inspect the animal, the premises where the animal is
maintained, or the books and records of the trust.
(g) A trust governed by this section is not subject to termination
pursuant to subdivision (b) of Section 15408.
(h) Section 15211 does not apply to a trust governed by this section.
(i) For purposes of this section, "animal" means a domestic or pet
animal for the benefit of which a trust has been established.