Title 12, § 12 § 3555
effective August 1, 2008
§ 3555. Trust for care of an animal
(a) A trust for the care of one or more specific animals living at the
trustor's death is valid. The trust terminates upon the death of all
animals living at the trustor's death and covered by the terms of the
trust.
(b) A trust authorized by subsection (a) of this section shall not be
invalid because it lacks an identifiable person as beneficiary.
(c) A trust authorized by subsection (a) of this section may be enforced
by a person appointed in the terms of the trust or, if there is no such
person or if the last such person no longer is willing and able to
serve, by a person appointed by the Court of Chancery. A person who has
an interest in the welfare of the animal or animals other than a general
public interest may petition the Court of Chancery for an order that
appoints a person to enforce the terms of the trust or to remove that
person.
(d) Property of a trust authorized by this section may be applied only
to its intended use. Upon the termination of the trust, any property of
the trust remaining shall be distributed in accordance with the terms of
the trust or, in the absence of such terms, as provided in § 3592 of
this title.
(e) In the case of a trust created in accordance with subsection (a) of
this section, a trustor or other owner of an animal for whose benefit
the trust was created may transfer ownership of the animal to the
trustee at or subsequent to the creation of the trust. Subject to any
contrary provision in the trust or other instrument by which ownership
of the animal is given or bequeathed, if the person to whom ownership of
the animal is given or bequeathed disclaims or releases such ownership,
ownership of the animal shall pass to the trustee upon such disclaimer
or release.
(f) The trustee of a trust created in accordance with subsection (a) of
this section shall provide care for the benefit of the animal in
accordance with the terms of the trust or, in the absence of any such
terms, shall provide care that is reasonable under the circumstances.
The trustee may employ agents or contractors to provide any such care
and pay for such care from the assets of the trust.
(g) For purposes of this section, the term "animal" shall include any
nonhuman member of the animal kingdom but shall exclude plants and
inanimate objects.