Wills and Trusts

Summary: This statute represents Maine's pet trust law. The provides that 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. The comment following the text of the statute clarifies what types of animal-related activities qualify as non-charitable versus charitable trusts.

Summary: Maryland enacted its original "pet trust" law in 2009. The law was then repealed and reenacted in 2015 under a different section. Under the law, a trust may be created to provide for the care of an animal alive during the lifetime of the settlor. The trust terminates when the last animal subject to the trust dies. The property of the trust may only be used for the intended purpose of the trust (e.g., taking care of the animal).

Summary: In 2011, Massachusetts enacted this law, which allows the creation of a trust for the continuing care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the last animal named in the trust. A court may reduce the amount of property held by the trust if it determines that the amount substantially exceeds the amount required for the intended use and the court finds that there will be no substantial adverse impact in the care, maintenance, health or appearance of the covered animal. The statute was renumbered in 2012.

Summary: This Kansas statute provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime (note that it does not state "domestic" or "pet" animal). 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. 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.

Summary: Indiana's pet trust law was enacted in 2005. The trust terminates upon the death of the animal or upon death of last surviving animal alive during settlor's lifetime. Property of a trust authorized by this section may be applied only to the trust's intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the trust's intended use.

Summary: This Illinois law represents the state's pet trust law. The trust terminates when no living animal is covered by the trust. A trust instrument shall be liberally construed to bring the transfer within this Section, to presume against a merely precatory or honorary nature of its disposition, and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent.

Summary: This Idaho statute represents Idaho's relevant pet trust law. The law, while not termed a pet trust, provides that a person may create a "purpose trust." This trust does not require a beneficiary and may instead just name a person to enforce the trust.

Summary: This Iowa statute allows for the creation of a trust for the continuing care of animal living at the settlor's death (note that actual text does not state "domestic" or "pet" animal). This type of trust, allowed generally through the provisions for lawful noncharitable trusts, is valid for up to twenty-one years, whether or not the terms of the trust contemplates a longer duration. The trust terminates when when no living animal is covered by its terms.

Summary: This statute represents Hawaii's pet trust law (note: this new section replaces former H.R.S. § 560:7-501). A trust for the care of one or more designated domestic or pet animals shall be 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 section, to presume against the precatory or honorary nature of its disposition, and to carry out the general intent of the transferor. Extrinsic evidence shall be admissible in determining the transferor's intent.

Summary: This Georgia law enacted in 2010 provides that a trust may be created to provide for the care of an animal that is alive during the settlor's lifetime. The trust shall terminate upon the death of such 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.