TRUST FOR CARE OF ANIMAL

A.  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.

B.  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 animals may request the court to appoint a person to enforce the trust or to remove a person appointed.

C.  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, considering the current and future needs of the animals.  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.  Notwithstanding the foregoing, the settlor may specifically override this provision by specific reference and prevent the distribution of property in excess of the intended use until all the animals are deceased or as otherwise provided for by the terms of the trust.