R.I. Statutes § 4-23-1
effective July 19, 2005
4-23-1. Trust for care of animals.
(a) A trust may be created to provide for the care of an animal alive
during the settlor's lifetime. The trust terminates upon the death of
the animal, or if the trust was created to provided for the care of more
than one animal alive during the settlor's lifetime upon the death of
the last surviving animal.
(b) Except as provided in this section, the provisions of the general
laws which govern the creation and administration of express trusts
applies to the trust for the care of an animal.
(c) A trust authorized by this section may be enforced by a person
appointed in the terms of the trust or, if no person is so appointed, by
a person appointed by the court. A person having interest in the welfare
of the animal may request the court to appoint a person to enforce the
trust or to remove the appointed person. The appointed person shall have
the rights of a trust beneficiary for the purpose of enforcing the
trust, including receiving accountings, notices, and other information
from the trustee and providing consents.
(d) Property of a trust appointed by this person may be applied only to
its intended use, except to the extent the court determines that the
value of the trust property exceeds the amount required for the intended
use. Property not required for the intended use, including the trust
property remaining upon its termination, shall be distributed in the
following order of priority:
(1) As directed by the terms of the trust;
(2) To the settlor, if then living;
(3) Pursuant to the residuary clause of the settlor's will;
(4) To the settlor's heirs in accordance with the Rhode
Island general laws on descent and distribution.
(e) A governing instrument shall be liberally construed in order to
presume against the merely precatory or honorary nature of the
disposition and to carry out the general intent of the transferor.
Extrinsic evidence is admissible in determining the transferor's intent.
(f) If a trustee is not designated or designated trustee is not willing
or able to serve, the probate court shall name a trustee; a court may
order the transfer of the property to another trustee, if the court
makes a factual finding that it is necessary to assure the intended use
is carried out and if a successor trustee is not designated in the trust
instrument or if a designated trustee does not agree to serve or is
unable to serve.