HB1180: relative to the creation of express trusts for pets.

HB 1180 - AS INTRODUCED

2003 SESSION

03-2146

01/09

HOUSE BILL 1180

AN ACT relative to the creation of express trusts for pets.

SPONSORS: Rep. Hallyburton, Hills 45; Sen. Roberge, Dist 9

COMMITTEE: Commerce

ANALYSIS

This bill permits the creation of pet trusts in New Hampshire.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2146

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the creation of express trusts for pets.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Pet Trusts. Amend RSA by inserting after chapter 561 the following new chapter:

CHAPTER 561-A

PET TRUSTS

561-A:1 Honorary Trusts; Trusts for Pets; Conditions.

I. If a trust is for a specific lawful noncharitable purpose or for lawful noncharitable purposes to be selected by the trustee and there is no definite or definitely ascertainable beneficiary designated, the trust may be performed by the trustee for not longer than 21 years whether or not the terms of the trust contemplate a longer duration.

II. A trust for the care of a designated domestic or pet animal is valid. The trust terminates when no living animal is covered by the trust. A governing instrument shall be liberally construed to bring the transfer within this section, to presume against the merely precatory or honorary nature of the disposition and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent.

III. In addition to the provisions of paragraphs I or II, a trust created under this section is subject to the following:

(a) Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the trust's purposes or for the benefit of a covered animal.

(b) On termination, the trustee shall transfer the unexpended trust property in the following order:

(1) As directed in the trust instrument.

(2) If the trust was created in a nonresiduary clause in the transferor's will or in a codicil to the transferor's will, under the residuary clause in the transferor's will.

(3) If no taker is produced by the application of subparagraphs (1) or (2), to the transferor's heirs.

(c) The residuary clause shall be treated as creating a future interest under the terms of a trust.

(d) The intended use of the principal or income can be enforced by a person who is designated for that purpose in the trust instrument or, if none, by a person appointed by a court on application to it by any person.

(e) Except as ordered by the court or required by the trust instrument, 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.

(f) A court may reduce the amount of the property transferred if it determines that amount substantially exceeds the amount required for the intended use. The amount of the reduction, if any, passes as unexpended trust property under subparagraph (b).

(g) If no trustee is designated or no designated trustee is willing or able to serve, a court shall name a trustee. A court may order the transfer of the property to another trustee if this is necessary to assure that the intended use is carried out and if no successor trustee is designated in the trust instrument or if no designated successor trustee agrees to serve or is able to serve. A court may also make other orders and determinations that it determines advisable to carry out the intent of the transferor and this section.

2 Effective Date. This act shall take effect January 1, 2005.