Wash. Rev. Code §§ 11.118.005 -.110
effective 2001
§ 11.118.005. Purpose -- Intent
The purpose of this chapter is to recognize and validate certain trusts
that are established for the benefit of animals. Under the common law
such trusts were unenforceable at law. The legislature intends that such
trusts be recognized as valid, and that such trusts be enforceable in
accordance with their terms.
§ 11.118.010. Definition
As used in this chapter, "animal" means a nonhuman animal with
vertebrae.
§ 11.118.020. Validity of animal trust
A trust for the care of one or more animals is valid. The animals that
are to be benefited by the trust may be individually identified, or may
be identified in such other manner that they can be readily identified.
Unless otherwise provided in the trust instrument or in this chapter,
the trust will terminate when no animal that is designated as a
beneficiary of the trust remains living.
§ 11.118.030. Use of trust principle or income
Except as expressly provided otherwise in the trust instrument or in RCW
11.118.070 and except as may be necessary to pay the trustee reasonable
compensation and to reimburse the trustee for reasonable costs incurred
on behalf of the trust, no portion of the principal or income of the
trust may be converted to the use of the trustee or to any use other
than for the trust's purpose or for the benefit of the designated animal
or animals.
§ 11.118.040. Termination of trust
Upon termination of the trust, the trustee shall transfer the unexpended
trust property in the following order:
(1) As directed in the instrument;
(2) If the trust was created in a nonresiduary clause in the trustor's
will or in a codicil to the trustor's will and the will or codicil does
not direct otherwise, under the residuary clause in the trustor's will,
which shall be read as though the testator died on the date the trust
terminated; and
(3) If no taker is produced by the application of subsection (1) or (2)
of this section, to the trustor's heirs under RCW 11.04.015, as it
exists at the time of the trust's termination.
§ 11.118.050. Enforcement of trust provisions
The intended use of the principal or income can be enforced by a person
designated for that purpose in the trust instrument, by the person
having custody of an animal that is a beneficiary of the trust, or by a
person appointed by a court upon application to it by any person. A
person with an interest in the welfare of the animal may petition for an
order appointing or removing a person designated or appointed to enforce
the trust.
§ 11.118.060. Accounting requirements
Except as ordered by the court or required by the trust instrument, no
filing, report, registration, or periodic accounting shall be required
of the trust or the trustee.
§ 11.118.070. Appointment and removal of trustee
If no trustee is designated or no designated trustee is willing or able
to serve, the court shall name a trustee. The court may order the
removal of an acting trustee and the transfer of the property to another
trustee if it is necessary or appropriate in order to assure that the
intended use is carried out. A court may also make such other orders and
determinations as shall be advisable to carry out the intent of the
trustor and the purpose of this chapter.
§ 11.118.080. Construction of trust language
In construing the language of a trust for an animal, the governing
instrument shall be liberally construed to provide the protections of
this chapter. It is presumed that language contained in a trust for an
animal is not merely precatory or honorary in nature unless it can be
shown by clear and cogent evidence that such was the trustor's intent.
Extrinsic evidence is admissible in determining the trustor's intent.
§ 11.118.090. Application of rule against perpetuities – Effective date
of trust
RCW 11.98.130 through 11.98.160 apply to trusts that are subject to this
chapter.
§ 11.118.100. Trustee powers
Except as otherwise provided in the trust instrument or in this chapter,
all powers and duties conferred on a trustee under Washington law also
apply to the trustee of a trust for animals.
§ 11.118.110. Application of chapter
This chapter applies to trusts that are created on or after July 22,
2001, and to trusts that are in existence on July 22, 2001, but that are
revocable by the trustor on July 22, 2001. If a trustor is incompetent
to exercise a power of revocation on July 22, 2001, this chapter does
not apply to such trust unless the trustor later becomes competent to
exercise such power of revocation, in which case this chapter applies to
such trust.