N.Y. Est. Powers & Trusts Law § 7-6.1. Honorary trusts for pets.
(a) A
trust for the care of a designated domestic or pet
animal is valid. The intended use of the principal or
income may be enforced by an individual designated for
that purpose in the trust instrument or, if none, by
an individual appointed by a court upon application to
it by an individual, or by a trustee. Such trust
shall terminate when no living animal is covered by
the trust, or at the end of twenty-one years,
whichever occurs earlier.
(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 a covered animal.
(c) Upon
termination, the trustee shall transfer the unexpended
trust property as directed in the trust instrument or,
if there are no such directions in the trust
instrument, the property shall pass to the estate of
the grantor.
(d) 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 pursuant to paragraph (c) of this section.
(e) If no trustee
is designated or 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 transferor
and the purpose of this section.
(Added L. 1996, c. 159, §1.) |