Or. Rev. Stat. 130.185 (2005). UTC 408 Pet Trust.
(1) A trust may be created to provide for the care
of one or more animals that are 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 one or more animal, upon
the death of the last surviving animal. An
oral or written declaration shall be liberally
construed in favor of finding the creation of a
trust under this section. There is a
presumption against merely precatory or honorary
disposition on behalf of an animal.
(2) A
trust authorized by this section may be enforced by
a person appointed in the terms of the trust or, if
a person is not appointed in the terms of the trust,
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.
Reasonable compensation for a person appointed by the
court may be paid from the assets of the trust.
(3) Property of a
trust authorized by this section may be applied only
to its intended use. Upon termination of the
trust, property of the trust must be distributed to
those persons designated in the trust. In the
absence of a designation, the property shall be
distributed to the settlor if the settlor is living
when the distribution is made, or to the settlor's
successors in interest if the settlor is not living
when the distribution is made.
(4) Except
as ordered by a circuit court or required by the
trust instrument, a trustee for a trust authorized
under this section need not pay any fee or make any
filing, report, registration, periodic accounting,
separate maintenance of funds or appointment by
reason of the existence of the fiduciary
relationship of the trustee. A person
appointed to enforce the trust may request a report
under section 71(3) of this 2005 Act.
2005 c. 348, sec. 28.
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