Amended in Assembly April 10, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1520

Introduced by Assembly Member Gatto

January 16, 2014

An act to amend Section begin delete 1003 end delete begin insert 15212 end insert of the Probate Code, relating to guardians ad litem.

LEGISLATIVE COUNSEL’S DIGEST

AB 1520, as amended, Gatto. Guardians ad begin delete litem. end delete begin insert litem: animals. end insert

begin insert

Existing law establishes requirements for the establishment and termination of a trust for the care of an animal.

end insert

Existing law authorizes a court to appoint a guardian ad litem at any stage of a proceeding under the Probate Code to represent the interest of specified persons, if the court determines that representation of the interest otherwise would be inadequate.

This bill would authorize a court to appoint a guardian ad litem begin delete at any state of a proceeding under the Probate Code end delete to represent the interest of begin delete a nonhuman end delete begin insert an end insert animal begin delete who is either an estate asset or part of a trust res, if the court makes the same determination end delete begin insert for which a trust has been established if the court determines that representation of the interest otherwise would be inadequate end insert .

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 15212 of the end insert begin insert Probate Code end insert begin insert is amended
to read: end insert

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.

begin insert

(i) The court may, on its own motion or on request of the trustee
or other interested person, appoint a guardian ad litem to represent
the interest of the animal if the court determines that representation
of the interest otherwise would be inadequate. The reasonable
expenses of the guardian ad litem, including compensation and
attorney’s fees, shall be determined by the court and paid as the
court orders, either out of the trust or from another source as the
court orders.

end insert begin delete

(i)

end delete

begin insert (j) end insert  For purposes of this section, “animal” means a domestic or
pet animal for the benefit of which a trust has been established.

begin delete

SECTION 1.  

Section 1003 of the Probate Code is amended to
read:

1003.  

(a) (1) The court may, on its own motion or on request
of a personal representative, guardian, conservator, trustee, or other
interested person, appoint a guardian ad litem at any stage of a
proceeding under this code to represent the interest of any of the
following persons, if the court determines that representation of
the interest otherwise would be inadequate:

(A) A minor.

(B) An incapacitated person.

(C) An unborn person.

(D) An unascertained person.

(E) A person whose identity or address is unknown.

(F) A designated class of persons who are not ascertained or
are not in being.

(2) The court may, on its own motion or on request of a personal
representative, guardian, conservator, trustee, or other interested
person, appoint a guardian ad litem at any stage of a proceeding
under this code to represent the interest of a nonhuman animal
who is either an estate asset or part of a trust res, if the court
determines that representation of the interest otherwise would be
inadequate.

(b) If not precluded by a conflict of interest, a guardian ad litem
may be appointed to represent several persons or interests.

(c) The reasonable expenses of the guardian ad litem, including
compensation and attorney’s fees, shall be determined by the court
and paid as the court orders, either out of the property of the estate
involved or by the petitioner or from another source as the court
orders.

end delete