Mass. Laws ch. 203, § 3C
Effective April 7, 2011
A trust for the care of one or more animals alive during the settlor's
lifetime is valid. Unless the trust instrument provides for an earlier
termination, 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.
(a) 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, other than reasonable trustee fees and expenses of
administration, or to any use other than for the benefit of a covered
animal or animals.
(b) A court may reduce the amount of property held by the trust if it
that 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 animal or
animals. The amount of the reduction shall pass as unexpended trust
property in accordance with paragraph (c) of this Section.
(c) Upon reduction or termination, the trustee shall transfer the
unexpended trust property in the following order:
(1) As directed in the trust instrument;
(2) To the settler, if living;
(3) 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; or
(4) To the settlor's heirs in accordance with G.L. c. 190.
(d) If a trustee is not designated by the trust instrument or no
designated trustee is willing or 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. The court may also make other orders and determinations as
are advisable to carry out the intent of the settlor and the intended
use of the trust.
(e) The intended use of the principal or income may be enforced by an
individual designated for that purpose in the trust instrument, by the
person having custody of an animal for which care is provided by the
trust instrument, by a remainder beneficiary, or by an individual
appointed by a court upon application to it by an individual or
charitable organization.
(f) The settlor or other custodian of an animal for whose benefit the
trust was created may transfer custody of the animal to the trustee at
or subsequent to the creation of the trust.
(g) Any trust created under this Section shall be exempt from G.L. c.
184A and the common law rule against perpetuities.