2006 Code of Virginia § 55-544.08 - Trust for care of animal

55-544.08. Trust for care of animal.

A. A trust may be created to provide for the care of an animal alive duringthe 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 animalalive during the settlor's lifetime, upon the death of the last survivinganimal. Funds from the trust may be applied to any outstanding expenses ofthe trust and for burial or other postdeath expenditures for animalbeneficiaries as provided for in the instrument creating the trust.

B. The instrument creating the trust shall be liberally construed to bringthe transfer within the scope of trusts governed by this section, to presumeagainst the merely precatory or honorary nature of the disposition, and tocarry out the general intent of the transferor. Extrinsic evidence isadmissible in determining the transferor's intent.

C. A trust authorized by this section may be enforced by a person appointedin the terms of the trust or, if no person is so appointed, by a personappointed by the court. A person having an interest in the welfare of theanimal may request the court to appoint a person to enforce the trust or toremove a person appointed. The appointed person shall have the rights of atrust beneficiary for the purpose of enforcing the trust, including receivingaccountings, notices, and other information from the trustee and providingconsents. Reasonable compensation for a person appointed by the court may bepaid from the assets of the trust.

D. Except as ordered by a court or required by the trust instrument, nofiling, report, registration, periodic accounting, separate maintenance offunds, appointment, or surety bond shall be required by reason of theexistence of the fiduciary relationship of the trustee.

E. Property of a trust authorized by this section may be applied only to itsintended use, except to the extent the court determines that the value of thetrust property exceeds the amount required for the intended use. Except asotherwise provided in the terms of the trust, property not required for theintended use shall be distributed to the settlor, if then living. If thesettlor is deceased, such property shall be distributed pursuant to theresiduary clause of the settlor's will if the trust for the animal wascreated in a preresiduary clause in the will or pursuant to the residuaryprovisions of the inter vivos trust if the trust for the animal was createdin a preresiduary clause in the trust instrument; otherwise, such propertyshall be distributed to the settlor's successors in interest.

(2005, c. 935; 2006, c. 666.)