Utah Code Ann. § 75-2-1001
effective July 1, 1998; amended 2003
§ 75-2-1001. Honorary trusts – trusts for pets
(1) Subject to Subsection (3), if a trust is for a specific lawful
noncharitable purpose or for a lawful noncharitable purpose to be
selected by the trustee and there is no definite or definitely
ascertainable beneficiary designated, the trust may be performed by the
trustee for 21 years but no longer whether or not the terms of the trust
contemplate a longer duration.
(2) Subject to this subsection (2) and Subsection (3), a trust for the
care of a designated domestic or pet animal is 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 subsection, 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.
(3) In addition to the provisions of Subsection (3)(a) or (b), a trust
covered by either of those subsections is subject to the following
provisions:
(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 or to any use other than for the trust's purposes
or for the benefit of a covered animal.
(b) Upon termination, the trustee shall transfer the
unexpended trust property in the following order:
(i) as directed in the trust
instrument;
(ii) 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;
and
(iii) if no taker is produced by the
application of Subsection (3)(b)(i) or (ii), to the transferor's heirs
under Section 75-2-711.
(c) For the purposes of Section 75-2-707, the residuary clause is
treated as creating a future interest under the terms of a trust.
(d) The intended use of the principal or income can be enforced by an
individual designated for that purpose in the trust instrument or, if
none, by an individual appointed by a court upon application to it by an
individual.
(e) 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 is required by reason of the
existence of the fiduciary relationship of the trustee.
(f) A court may reduce the amount of the property transferred, if it
determines that that amount substantially exceeds the amount required
for the intended use. The amount of the reduction, if any, passes as
unexpended trust property under Subsection (3)(b).
(g) If no trustee is designated or no designated trustee is willing or
able to serve, a court shall name a trustee. A court may order the
transfer of the property to another trustee, if required to assure that
the intended use is carried out and if no successor trustee is
designated in the trust instrument or if no designated successor trustee
agrees to serve or is able to serve. A court may also make such other
orders and determinations as shall be advisable to carry out the intent
of the transferor and the purpose of this section.
[Although Utah enacted the Uniform Trust Code, Utah did not enact § 408.
Instead, Utah retained its prior provision based on Uniform Probate Code
§ 2-907.]
§ 75-7-408. Trust for care of animal
A trust may be created to provide for the care of a pet or animal as
provided in Section 75-2-1001.