AB 1520, as amended, Gatto. Guardians ad litem: animals.
Existing law establishes requirements for the establishment and termination of a trust for the care of an animal.
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 to represent the interest of an animal for which a trust has been established if the court determines that representation of the interest otherwise would be inadequate.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 15212 of the Probate Code is amended
2to read:
(a) Subject to the requirements of this section, a trust
4for the care of an animal is a trust for a lawful noncharitable
5purpose. Unless expressly provided in the trust, the trust terminates
6when no animal living on the date of the settlor’s death remains
7alive. The governing instrument of the animal trust shall be
8liberally construed to bring the trust within this section, to presume
9against the merely precatory or honorary nature of the disposition,
10and to carry out the general intent of the settlor. Extrinsic evidence
11is admissible in determining the settlor’s intent.
12(b) A trust for the care of an animal is subject to the following
13requirements:
14(1) Except as expressly provided otherwise in the trust
15instrument, the principal or income shall not be converted to the
16use of the trustee or to any use other than for the benefit of the
17animal.
18(2) Upon termination of the trust, the trustee shall distribute the
19unexpended trust property in the following order:
20(A) As directed in the trust instrument.
21(B) If the trust was created in a nonresiduary clause in the
22settlor’s will or in a codicil to the settlor’s will, under the residuary
23clause in the settlor’s will.
24(C) If the application of subparagraph (A) or (B) does not result
25in distribution of
unexpended trust property, to the settlor’s heirs
26under Section 21114.
27(3) For the purposes of Section 21110, the residuary clause
28described in subparagraph (B) of paragraph (2) shall be treated as
29creating a future interest under the terms of a trust.
30(c) The intended use of the principal or income may be enforced
31by a person designated for that purpose in the trust instrument or,
32if none is designated, by a person appointed by a court. In addition
33to a person identified in subdivision (a) of Section 17200, any
34person interested in the welfare of the animal or any nonprofit
35charitable organization that has as its principal activity the care of
36animals may petition the court regarding the trust as provided in
37Chapter 3 (commencing with Section 17200) of Part 5.
P3 1(d) If a trustee is not designated or no designated or successor
2trustee is willing or able to serve, a court shall name a trustee. A
3court may order the transfer of the trust property to a
4
court-appointed trustee, if it is required to ensure that the intended
5use is carried out and if a successor trustee is not designated in the
6trust instrument or if no designated successor trustee agrees to
7serve or is able to serve. A court may also make all other orders
8and determinations as it shall deem advisable to carry out the intent
9of the settlor and the purpose of this section.
10(e) The accountings required by Section 16062 shall be provided
11to the beneficiaries who would be entitled to distribution if the
12animal were then deceased and to any nonprofit charitable
13corporation that has as its principal activity the care of animals
14and that has requested these accountings in writing. However, if
15the value of the assets in the trust does not exceed forty thousand
16dollars ($40,000), no filing, report, registration, periodic
17accounting,
separate maintenance of funds, appointment, or fee is
18required by reason of the existence of the fiduciary relationship
19of the trustee, unless ordered by the court or required by the trust
20instrument.
21(f) Any beneficiary, any person designated by the trust
22instrument or the court to enforce the trust, or any nonprofit
23charitable corporation that has as its principal activity the care of
24animals may, upon reasonable request, inspect the animal, the
25premises where the animal is maintained, or the books and records
26of the trust.
27(g) A trust governed by this section is not subject to termination
28pursuant to subdivision (b) of Section 15408.
29(h) Section 15211 does not apply to a trust governed by this
30section.
31(i) The court may, on its own motion or on request of the trustee
32orbegin delete other interested personend deletebegin insert any person or organization authorized
33to petition the court regarding the trust pursuant to subdivision
34(c)end insert, appoint a guardian ad litem to represent the interest of the
35animal if the court determines that representation of the interest
36otherwise would be inadequate. The reasonable expenses of the
37guardian ad litem, including compensation and attorney’s fees,
38shall be determined by the court and paid as the court orders, either
39out of the trust or from another source as the court orders.
P4 1(j) For purposes of this section,
“animal” means a domestic or
2pet animal for the benefit of which a trust has been established.
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