Ariz. Rev. Stat. § 14-2907 (West 2002). Honorary
trusts; trusts for pets; conditions.
A.
If a trust is for a specific lawful noncharitable
purpose or for lawful noncharitable purposes 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 not longer
than twenty-one years whether or not the terms of the
trust contemplate a longer duration.
B.
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 must 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.
C. In addition
to the provisions of subsection A or B, a trust
covered by either of those subsections is subject to
the following provisions:
1. 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.
2. On termination, the trustee shall transfer
the unexpended trust property in the following order:
(a) As directed in the trust instrument;
(b) 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
(c) If no taker is produced by the application of
subdivision (a) or (b) of this paragraph, to the
transferor’s heirs under § 14-2711.
3. For the purposes of § 14-2707 [sic], the
residuary clause is treated as creating a future
interest under the terms of a trust.
4. The intended use of the principal
or income can be enforced by a person designated for
that purpose in the trust instrument or, if none, by
a person appointed by a court upon application to it
by any person.
5. 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.
6. A court may reduce the amount of the property
transferred, if it determines that amount
substantially exceeds the amount required for the
intended use. The amount of the reduction, if any,
passes as unexpended trust property under paragraph 2
of this subsection.
7. 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
property to another trustee if this is necessary 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.
(Added by Laws 1994, Ch. 290, § 6, effective Jan. 1,
1995) |