18-B M.R.S.A. §408. Trust for
care of animal.
1. To provide for animal; termination.
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.
2. Enforcement.
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.
3. Intended use of property.
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 must be distributed to the settlor, if
then living, otherwise, to the settlor's successors
in interest.
The following
are
the "Maine Comments" that appear in the text of the
enacting bill:
This section is new Maine law. The question of the
validity of a trust for the care of a specific
animal or animals has not previously been addressed
in Maine. These types of arrangements are
distinguishable from trusts having broader
objectives such as the prevention of cruelty to
animals or the benefit of animals generally such as
through the maintenance of wildlife sanctuaries or
animal habitat. Maine case law has indirectly
addressed the question of whether arrangements for
the care of animals generally qualify as charitable
activities. See, e.g., Holbrook Island Sanctuary v.
Inhabitants of Town of Brooksville, 214 A.2d 660,
161 Me. 476 (1965), a case concerning the charitable
exemption for property taxes. Citing the
Restatement (Second) of Trusts, Section 374 (1959),
the Law Court stated: "A trust to prevent or
alleviate the suffering of animals is charitable.
Thus, a trust for the prevention of cruelty to
animals, or a trust to establish a home for animals,
or a trust for the prevention or cure or treatment
of diseases or of injuries to animals, is
charitable." However, the Law Court held that the
operation of a wildlife sanctuary or preserve was
not a charitable purpose.
Section 408 does not address these broader
animal-related and wildlife-related arrangements,
but section 409 may be applicable to those
animal-related activities that do not qualify as
charitable in nature.
(L.D. 921,
effective July 1, 2005.) |
