N.C. Gen. Stat. Ann. § 36C-4-408 (2006). Trusts for
pets
(a)
Subject to the provisions of this section, a trust
for the care of one or more designated domestic or pet
animals alive at the time of creation of the trust is
valid.
(b)
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 benefit of the designated animal or
animals.
(c) The trust
terminates at the death of the animal or last
surviving animal. Upon termination, the trustee shall
transfer the unexpended trust property in the
following order:
(1) As directed in the trust instrument;
(2) If the trust was created in a preresiduary
clause in the transferor's will or in a codicil to the
transferor's will, under the residuary clause in the
transferor's will;
(3) If no
taker is produced by the application of subdivision
(1) or (2) of this subsection, to the transferor or
the transferor's heirs determined as of the date of
the transferor's death under Chapter 29 of the General
Statutes.
(d) The intended
use of the principal or income can be enforced by an
individual designated for that purpose in the trust
instrument or, if none, by an individual appointed by
the clerk of superior court having jurisdiction over
the decedent's estate upon application to the clerk by
an individual.
(e) Except as
ordered by the clerk or required by the trust
instrument, no filing, report, registration, periodic
accounting, separate maintenance of funds,
appointment, bond, or fee is required by reason of the
existence of the fiduciary relationship of the trustee.
(f) A governing
instrument shall be liberally construed to bring the
transfer within this section, to presume against the
merely precatory or honorary nature of the
disposition, and to carry out the general intent of
the transferor. Extrinsic evidence shall be admissible
in determining the transferor's intent.
(g) The clerk may
reduce the amount of the property transferred, if the
clerk determines that the amount substantially exceeds
the amount required for the intended use. The amount
of the reduction, if any, passes as unexpended trust
property under subsection (c) of this section.
(h) If no trustee
is designated or if no designated trustee agrees to
serve or is able to serve, the clerk shall name a
trustee. The clerk may order the transfer of the
property to another trustee, if required 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. The clerk 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.
(Section Law 2005-192, s. 2 ("North Carolina Uniform
Trust Code"), passed July 15, 2005, effective
January 1, 2006; renumbering former 36A-147, 1995, c. 225, s.
1.) |