BILL NUMBER: SB 685 CHAPTERED
BILL TEXT
CHAPTER 168
FILED WITH SECRETARY OF STATE JULY 22, 2008
APPROVED BY GOVERNOR JULY 22, 2008
PASSED THE SENATE JULY 2, 2008
PASSED THE ASSEMBLY JUNE 26, 2008
AMENDED IN ASSEMBLY JUNE 19, 2008
AMENDED IN ASSEMBLY MAY 27, 2008
AMENDED IN SENATE JANUARY 23, 2008
AMENDED IN SENATE JANUARY 9, 2008
AMENDED IN SENATE JANUARY 7, 2008
AMENDED IN SENATE APRIL 10, 2007
INTRODUCED BY Senator Yee
(Coauthor: Senator Padilla)
(Coauthor: Assembly Member Galgiani)
FEBRUARY 23, 2007
An act to repeal and add Section 15212 of the Probate Code,
relating to pet trusts.
LEGISLATIVE COUNSEL'S DIGEST
SB 685, Yee. Pet trusts.
Existing law provides that a trust for the care of a designated
domestic or pet animal may be performed by the trustee for the life
of the animal, whether or not there is a beneficiary who can seek
enforcement or termination of the trust and whether or not the terms
of the trust contemplate a longer duration.
This bill would repeal the provisions regarding domestic or pet
animal trusts and would provide instead that a trust for the care of
a domestic or pet animal is for a lawful noncharitable purpose and
terminates when no animal is living on the date of the settlor's
death, unless otherwise provided in the trust. The bill would require
a court to liberally construe an animal trust to bring it within the
bill's provisions, to presume against an interpretation that would
render the disposition a mere request or an attempt to honor the
animal, and to carry out the general intent of the trust. The bill
would provide an order of disposition of trust property upon
termination of the trust and would provide authority for the court to
name a trustee and to transfer trust property, as specified. This
bill would permit any person interested in the welfare of the animal
or any nonprofit charitable organization that has as its principal
activity the care of animals to petition the court regarding the
trust, as specified. The bill would provide a process for an
accounting of the trust, to be waived if the value of the trust
assets does not exceed $40,000, as specified. The bill would permit
beneficiaries of the trust, a person designated by the trust, or
certain nonprofit charitable organizations, upon reasonable request,
to inspect the animal, the premises where the animal is maintained,
or the books and records of the trust. The bill would except these
trusts from the application of specified provisions generally
regarding the termination of trusts.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15212 of the Probate Code is repealed.
SEC. 2. Section 15212 is added to the Probate Code, to read:
15212. (a) Subject to the requirements of this section, a trust
for the care of an animal is a trust for a lawful noncharitable
purpose. Unless expressly provided in the trust, the trust terminates
when no animal living on the date of the settlor's death remains
alive. The governing instrument of the animal trust shall be
liberally construed to bring the trust within this section, to
presume against the merely precatory or honorary nature of the
disposition, and to carry out the general intent of the settlor.
Extrinsic evidence is admissible in determining the settlor's intent.
(b) A trust for the care of an animal is subject to the following
requirements:
(1) Except as expressly provided otherwise in the trust
instrument, the principal or income shall not be converted to the use
of the trustee or to any use other than for the benefit of the
animal.
(2) Upon termination of the trust, the trustee shall distribute
the unexpended trust property in the following order:
(A) As directed in the trust instrument.
(B) If the trust was created in a nonresiduary clause in the
settlor's will or in a codicil to the settlor's will, under the
residuary clause in the settlor's will.
(C) If the application of subparagraph (A) or (B) does not result
in distribution of unexpended trust property, to the settlor's heirs
under Section 21114.
(3) For the purposes of Section 21110, the residuary clause
described in subparagraph (B) of paragraph (2) shall be treated as
creating a future interest under the terms of a trust.
(c) The intended use of the principal or income may be enforced by
a person designated for that purpose in the trust instrument or, if
none is designated, by a person appointed by a court. In addition to
a person identified in subdivision (a) of Section 17200, any person
interested in the welfare of the animal or any nonprofit charitable
organization that has as its principal activity the care of animals
may petition the court regarding the trust as provided in Chapter 3
(commencing with Section 17200) of Part 5.
(d) If a trustee is not designated or no designated or successor
trustee is willing or able to serve, a court shall name a trustee. A
court may order the transfer of the trust property to a
court-appointed trustee, if it is required to ensure that the
intended use is carried out and if a successor trustee is not
designated in the trust instrument or if no designated successor
trustee agrees to serve or is able to serve. A court may also make
all other orders and determinations as it shall deem advisable to
carry out the intent of the settlor and the purpose of this section.
(e) The accountings required by Section 16062 shall be provided to
the beneficiaries who would be entitled to distribution if the
animal were then deceased and to any nonprofit charitable corporation
that has as its principal activity the care of animals and that has
requested these accountings in writing. However, if the value of the
assets in the trust does not exceed forty thousand dollars ($40,000),
no filing, report, registration, periodic accounting, separate
maintenance of funds, appointment, or fee is required by reason of
the existence of the fiduciary relationship of the trustee, unless
ordered by the court or required by the trust instrument.
(f) Any beneficiary, any person designated by the trust instrument
or the court to enforce the trust, or any nonprofit charitable
corporation that has as its principal activity the care of animals
may, upon reasonable request, inspect the animal, the premises where
the animal is maintained, or the books and records of the trust.
(g) A trust governed by this section is not subject to termination
pursuant to subdivision (b) of Section 15408.
(h) Section 15211 does not apply to a trust governed by this
section.
(i) For purposes of this section, "animal" means a domestic or pet
animal for the benefit of which a trust has been established.