NABR Animal Law §ection

Another recent trend in animal law is the enactment of state statutes specifically authorizing trusts for animals. Prior to the enactment of these statutes, significant obstacles existed in many states when attempting to establish valid, enforceable trusts for pets and other animals. In some instances, states have enacted limited provisions to authorize animal trusts. Other states have completely updated their Wills and Trusts statutes by enacting provisions of the Uniform Trust Code (UTC). Under section 408 (pdf) of the UTC, a trust for the care of an animal is specifically allowed along with the authorization for courts to appoint someone to enforce the trust.

The UPC began to recognize "pet trusts" in 1990 and the relevant section, 2-907 (pdf), was amended in 1993. The pet trust provision in the UTC, section 408 (pdf), was adopted in 2000.

For additional information on pet trust statutes, visit the website of Professor Gerry W. Beyer from Texas Tech University School of Law:
http://www.professorbeyer.com/Articles/Animal_Statutes.htm

Dates below refer to the effective date of the pet trust provision.

STATES WHICH HAVE ADOPTED
UNIFORM TRUST CODE § 408

Arkansas (2005)
District of Columbia (2004)
Kansas (2003)
Maine (2005)
Missouri (2004)
Nebraska (2005)
New Hampshire (2004)
New Mexico (2003)
Oregon (2006)
Rhode Island (2006)
South Carolina (2006)
Tennessee (2004)
Virginia (2006)
Wyoming (2003)

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STATES WHICH HAVE ADOPTED
UNIFORM PROBATE CODE § 2-907

Alaska (1996)
Arizona (1995)
Colorado (1995)
Hawaii (2005)
Illinois (2005)
Michigan (2000)
Montana (effective 1993, amended 1995)
North Carolina (1995)
Utah (effective 1998, amended 2003)
Texas (2006)
Washington (2001)

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STATES WHICH HAVE ENACTED
OTHER LIMITED PET TRUST PROVISIONS

Florida (2002)
Idaho (2005)
Indiana (2005)
Iowa (2000)
Nevada (2001)
New Jersey (2001)
New York (1996)

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HONORARY PET TRUSTS

California (1991)
Wisconsin (1969)

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PASSED LEGISLATION 2004/2005

Arkansas SB 336
Hawaii HB 1453 HD1
Illinois
Indiana HB 1153
Missouri
New Hampshire
Oregon SB 275
Rhode Island HB 5430
South Carolina SB 422
Texas HB 1190
Virginia SB 89

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