Or. Rev. Stat. § 128.308
effective 2001 until December 31, 2005
§ 128.308. Pet trusts
(1) Any person may establish a pet trust for the care of designated
domestic or pet animals. A pet trust may provide for the care of
individually named animals or for a class of animals, but any animal
provided for under the trust must be living at the time of the trustor's
death. Wills and other instruments shall be liberally construed in favor
of finding the creation of a pet trust, and there is a presumption
against merely precatory or honorary disposition on behalf of domestic
and pet animals.
(2) The terms and conditions of a pet trust may be enforced by an
individual designated for that purpose in the trust instrument. If the
trust instrument does not designate a person to enforce the terms and
conditions of the pet trust, the circuit court may appoint a person for
that purpose. Reasonable compensation for a person appointed by the
court may be paid from the assets of the trust.
(3) If a trustee is not designated in a pet trust or the person
designated to act as trustee is unwilling or unable to serve, the
circuit court shall name a trustee. A pet trust may designate one or
more persons to serve as successor trustee. The court may order the
transfer of the property to a person other than the designated trustee
or successor trustee if the transfer is required to ensure that the
trustor's intent is carried out. The court may also make such other
orders as the court deems necessary to carry out the intent of the
trustor and the purposes of this section.
(4) Upon termination of a pet trust, the trustee shall transfer the
unexpended trust property in the following order:
(a) As directed by the trust instrument;
(b) If the trust was created in a nonresiduary clause in the
trustor's will, under the residuary clause in the trustor's will; or
(c) If paragraphs (a) and (b) of this subsection do not
apply, to the persons to whom the estate of the trustor would pass by
intestate succession under ORS 112.025 to 112.055.
(5) Except as ordered by a circuit 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 pet trust terminates as provided by the terms of the trust
instrument. If the trust instrument makes no provision for termination
of the trust, the trust terminates when no living animal is covered by
the trust or when all trust assets are exhausted, whichever occurs
first.
Effective January 1, 2006
Or. Rev. Stat. Ann. § 130.185
§ 130.185. Pet trust
(1) A trust may be created to provide for the care of one or more
animals that are 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, upon the death of the last
surviving animal. An oral or written declaration shall be liberally
construed in favor of finding the creation of a trust under this
section. There is a presumption against merely precatory or honorary
disposition on behalf of an animal.
(2) A trust authorized by this section may be enforced by a person
appointed in the terms of the trust or, if a person is not appointed in
the terms of the trust, 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.
Reasonable compensation for a person appointed by the court may be paid
from the assets of the trust.
(3) Property of a trust authorized by this section may be applied only
to its intended use. Upon termination of the trust, property of the
trust must be distributed to those persons designated in the trust. In
the absence of a designation, the property shall be distributed to the
settlor if the settlor is living when the distribution is made, or to
the settlor's successors in interest if the settlor is not living when
the distribution is made.
(4) Except as ordered by a circuit court or required by the trust
instrument, a trustee for a trust authorized under this section need not
pay any fee or make any filing, report, registration, periodic
accounting, separate maintenance of funds or appointment by reason of
the existence of the fiduciary relationship of the trustee. A person
appointed to enforce the trust may request a report under ORS 130.710
(3).
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