Sample Language

Sample Language for Conditional Bequest to Caretaker

Language similar to the following (in italics) could be used in the dispositive provisions of a pet owner's will or revocable living trust. This sample language below is intended for illustrative purposes only and should not be used or otherwise relied upon in drafting legal documents without accompanying legal advice and making necessary changes to appropriately integrate such sample language with the other provisions of the applicable legal document. (See discussion above.)

I hereby give my pet, [NAME OF PET], [DESCRIPTION OF PET],[0] to [NAME OF CARETAKER], and the sum of $________, which shall be expended for the care of my pet during its remaining lifetime; provided, however, that this gift shall lapse if my pet is not living at the time of distribution according to this provision or if [NAME OF CARETAKER] does not undertake to use the funds gifted herein for the care of my pet.[1] [OPTIONAL: This provision is intended to be a gift subject to a condition precedent, and I do not intend to impose any trust upon the beneficiary herein, under common law or statute.[2]]

[0] As an alternative to specifically naming the pet (as provided above), the drafter could simply refer to "my pets" and define the term to include all the pets owned by the testator at the time of the testator's death. This approach takes into account the fact that the testator may have a different group of pets at the time of his or her death.

[1] The assumption behind this language is that the pet owner does not desire to make a gift subject to a condition subsequent, whereby the beneficiary would be entitled to the caretaking funds even if the pet does not survive the pet owner.

[2] Many pet trust statutes provide that language in a will may be liberally construed to impose a statutory pet trust upon the beneficiary. This language counters the application of such a statute.