Virginia Code § 55-544.08
Effective July 1, 2006
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 provide for the care of more
than one animal alive during the settlor's lifetime, upon the death of
the last surviving animal. Funds from the trust may be applied to any
outstanding expenses of the trust and for burial or other postdeath
expenditures for animal beneficiaries as provided for in the instrument
creating the trust.
B. The instrument creating the trust shall be liberally construed to
bring the transfer within the scope of trusts governed by this section,
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.
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 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. 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. Reasonable
compensation for a person appointed by the court may be paid from the
assets of the trust.
D. Except as ordered by a court or required by the trust instrument, no
filing, report, registration, periodic accounting, separate maintenance
of funds, appointment, or surety bond shall be required by reason of the
existence of the fiduciary relationship of the trustee.
E. Property of a trust authorized by this section 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. Except as otherwise provided in the terms of the trust, property
not required for the intended use shall be distributed to the settlor,
if then living. If the settlor is deceased, such property shall be
distributed pursuant to the residuary clause of the settlor's will if
the trust for the animal was created in a preresiduary clause in the
will or pursuant to the residuary provisions of the inter vivos trust if
the trust for the animal was created in a preresiduary clause in the
trust instrument; otherwise, such property shall be distributed to the
settlor's successors in interest.