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Washington

West's Revised Code of Washington Annotated. Title 11. Probate and Trust Law. Chapter 11.118. Trusts--Animals

Statute Details
Printable Version
Citation: West's RCWA 11.118.005 - 110

Citation: WA ST 11.118.005 - 110


Last Checked by Web Center Staff: 10/2013

Summary:   The purpose of this chapter is to recognize and validate certain trusts that are established for the benefit of animals (nonhuman animal with vertebrae).  The trust can be for one or more animals provided they are individually identified or labeled in the instrument so that they may be easily identified.  Unless otherwise provided in the trust instrument or in this chapter, the trust will terminate when no animal that is designated as a beneficiary of the trust remains living.  Extrinsic evidence is admissible in determining the trustor's intent.  This chapter applies to trusts that are created on or after July 22, 2001, and to trusts that are in existence on July 22, 2001, but that are revocable by the trustor on July 22, 2001.


Statute in Full:

 

11.118.005. Purpose--Intent

11.118.010. Definition

11.118.020. Validity of animal trust

11.118.030. Use of trust principal or income

11.118.040. Termination of trust

11.118.050. Enforcement of trust provisions

11.118.060. Accounting requirements

11.118.070. Appointment and removal of trustee

11.118.080. Construction of trust language

11.118.090. Application of rule against perpetuities--Effective date of trust

11.118.100. Trustee powers

11.118.110. Application of chapter

 


11.118.005. Purpose--Intent

The purpose of this chapter is to recognize and validate certain trusts that are established for the benefit of animals. Under the common law such trusts were unenforceable at law. The legislature intends that such trusts be recognized as valid, and that such trusts be enforceable in accordance with their terms.

CREDIT(S)

[2001 c 327 § 1.]

 

11.118.010. Definition

As used in this chapter, "animal" means a nonhuman animal with vertebrae.

 CREDIT(S)

[2001 c 327 § 2.]

 

11.118.020. Validity of animal trust

A trust for the care of one or more animals is valid. The animals that are to be benefited by the trust may be individually identified, or may be identified in such other manner that they can be readily identified. Unless otherwise provided in the trust instrument or in this chapter, the trust will terminate when no animal that is designated as a beneficiary of the trust remains living.

CREDIT(S)

[2001 c 327 § 3.]

 

11.118.030. Use of trust principal or income

Except as expressly provided otherwise in the trust instrument or in RCW 11.118.070, and except as may be necessary to pay the trustee reasonable compensation and to reimburse the trustee for reasonable costs incurred on behalf of the trust, no portion of the principal or income of the trust may be converted to the use of the trustee or to any use other than for the trust's purpose or for the benefit of the designated animal or animals.

CREDIT(S)

[2001 c 327 § 4.]

 

11.118.040. Termination of trust

Upon termination of the trust, the trustee shall transfer the unexpended trust property in the following order:

(1) As directed in the instrument;

(2) If the trust was created in a nonresiduary clause in the trustor's will or in a codicil to the trustor's will and the will or codicil does not direct otherwise, under the residuary clause in the trustor's will, which shall be read as though the testator died on the date the trust terminated; and

(3) If no taker is produced by the application of subsection (1) or (2) of this section, to the trustor's heirs under RCW 11.04.015, as it exists at the time of the trust's termination.

CREDIT(S)

[2001 c 327 § 5.]

 

11.118.050. Enforcement of trust provisions

The intended use of the principal or income can be enforced by a person designated for that purpose in the trust instrument, by the person having custody of an animal that is a beneficiary of the trust, or by a person appointed by a court upon application to it by any person. A person with an interest in the welfare of the animal may petition for an order appointing or removing a person designated or appointed to enforce the trust.

CREDIT(S)

[2001 c 327 § 6.]

 

11.118.060. Accounting requirements

Except as ordered by the court or required by the trust instrument, no filing, report, registration, or periodic accounting shall be required of the trust or the trustee.

CREDIT(S)

[2001 c 327 § 7.]

 

11.118.070. Appointment and removal of trustee

If no trustee is designated or no designated trustee is willing or able to serve, the court shall name a trustee. The court may order the removal of an acting trustee and the transfer of the property to another trustee if it is necessary or appropriate in order to assure that the intended use is carried out. A court may also make such other orders and determinations as shall be advisable to carry out the intent of the trustor and the purpose of this chapter.

CREDIT(S)

[2001 c 327 § 8.]

 

11.118.080. Construction of trust language

In construing the language of a trust for an animal, the governing instrument shall be liberally construed to provide the protections of this chapter. It is presumed that language contained in a trust for an animal is not merely precatory or honorary in nature unless it can be shown by clear and cogent evidence that such was the trustor's intent. Extrinsic evidence is admissible in determining the trustor's intent.

CREDIT(S)

[2001 c 327 § 9.]

 

11.118.090. Application of rule against perpetuities--Effective date of trust

RCW 11.98.130 through 11.98.160 apply to trusts that are subject to this chapter.

CREDIT(S)

[2001 c 327 § 11.]

 

11.118.100. Trustee powers

Except as otherwise provided in the trust instrument or in this chapter, all powers and duties conferred on a trustee under Washington law also apply to the trustee of a trust for animals.

CREDIT(S)

[2001 c 327 § 12.]

 

11.118.110. Application of chapter

This chapter applies to trusts that are created on or after July 22, 2001, and to trusts that are in existence on July 22, 2001, but that are revocable by the trustor on July 22, 2001. If a trustor is incompetent to exercise a power of revocation on July 22, 2001, this chapter does not apply to such trust unless the trustor later becomes competent to exercise such power of revocation, in which case this chapter applies to such trust.

CREDIT(S)

[2001 c 327 § 13.]

 



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