Hawaii Stat. § 560:7-501
effective June 24, 2005
§ 560:7-501 Trusts for domestic or pet animals.
(a) A trust for the care of one or more designated domestic or pet
animals shall be 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 section, to presume against
the precatory or honorary nature of its disposition, and to carry out
the general intent of the transferor. Extrinsic evidence shall be
admissible in determining the transferor's intent.
(b) A trust for the care of one or more designated domestic or pet
animals shall be subject to the following provisions:
(1) Except as expressly provided otherwise in the instrument
creating the trust, and notwithstanding section 554A-3, no portion of
the principal or income of the trust may be converted to the use of the
trustee or to a use contrary to the trust's purposes or for the benefit
of a covered animal;
(2) Upon termination, the trustee shall transfer the
unexpended trust property in the following order:
(A) As directed in the trust
instrument;
(B) If there is no such direction in
the trust instrument and if the trust was created in a non-residuary
clause in the transferor's will, then under the residuary clause in the
transferor's will; and
(C) If no taker is produced by the
application of subparagraph (A) or (B), then to the transferor's heirs,
determined according to section 560:2-711;
(3) The intended use of the principal or income may be
enforced by an individual designated for that purpose in the trust
instrument or, if none, by an individual appointed by a court having
jurisdiction over the matter and parties, upon petition by an
individual;
(4) 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 shall be required by
reason of the existence of the fiduciary relationship of the trustee;
(5) The court may reduce the amount of the property
transferred if it determines that the amount substantially exceeds the
amount required for the intended use and the court finds that there will
be no substantial adverse impact in the care, maintenance, health, or
appearance of the designated domestic or pet animal. The amount of the
reduction, if any, shall pass as unexpended trust property under
paragraph (2);
(6) If a trustee is not designated or no designated trustee
is willing and able to serve, the court shall name a trustee. The court
may order the transfer of the property to another trustee if the
transfer is necessary to ensure that the intended use is carried out and
if a successor is not designated in the trust instrument or if no
designated successor trustee agrees to serve and is able to serve. The
court may also make other orders and determinations as are advisable to
carry out the intent of the transferor and the purpose of this section;
and
(7) The trust is exempt from the operation of chapter 525,
the Uniform Statutory Rule Against Perpetuities Act.