Last week I blogged about the varying ways we can provide for our pets in our estate plans. One of the reasons why you cannot bequest items or money to your pet is because, by tradition (legal anyways), pets are considered personal property. Because property cannot own property, pets cannot legally be beneficiaries under a will or a trust. The next time you're perusing the pet aisle at Stop and Shop and see a nice present for your cat, remember, perhaps you're only establishing a bailee/bailor relationship...but that's a subject for another time.
Uniform Trust Code section 408, which has been adopted by 14 states, provides
Trust For Care of An Animal:
Unif. Trust Code § 408 (amended 2003).
(a) A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal.
(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor’s successors in interest.
Similarly, some states have enacted Uniform Probate Code Section 2-907 which allows for honorary pet trusts. 11 states have adopted that provision.
Until Connecticut law changes, take this article to heart, pet lovers. Since Connecticut has no animal custody statute, a civil action known as replevin (action to recover personal property) was required to get custody of a pet from a former paramour.
