N.J. Stat. Ann. § 3B:11-38 (Thomson West 2003).
Trusts for care of domesticated animals.
a. A trust for
the care of a domesticated animal is valid. The
intended use of the principal or income may be
enforced by a person designated for that purpose in
the trust instrument, a person appointed by the court,
or a trustee. The trust shall terminate when no
living animal is covered by the trust, or at the end
of 21 years, whichever occurs earlier.
b. Except as
expressly provided otherwise in the trust instrument,
no portion of the trust's principal or income may be
converted to the use of the trustee or to any use
other than for the benefit of the animal designated in
the trust.
c. Upon
termination of the trust, the trustee shall transfer
the unexpended trust property as directed in the trust
instrument. If no directions for such transfer exist,
the property shall pass to the estate of the creator
of the trust.
d. The court may
reduce the amount of the property transferred if it
determines that the amount substantially exceeds the
amount required for the intended use. The amount of
any reduction shall be transferred as directed in the
trust instrument or, if no such directions are
contained in the trust instrument, to the estate of
the creator of the trust.
e. If no trustee is designated or if no designated
trustee is willing or able to serve, a court shall
appoint a trustee and may make such other orders and
determinations as are advisable to carry out the
intent of the creator of the trust and the purpose of
this act.
L.2001, c.144, §1, eff. July 10, 2001. |