HOUSE DOCKET, NO. 3473 FILED ON: 1/14/2009
HOUSE . . . . . . . . . . . . . . No. 1467
The Commonwealth of Massachusetts
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PRESENTED BY:
Louis L. Kafka
_______________
To the Honorable Senate and House of Representatives
of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act Relative to trusts for the care of animals.
_______________
PETITION OF:
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Name:
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District/Address:
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Louis L. Kafka
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8th Norfolk
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Alice K. Wolf
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25th Middlesex
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David B. Sullivan
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6th Bristol
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Bruce J. Ayers
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1st Norfolk
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Timothy J. Toomey, Jr.
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26th Middlesex
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Jennifer M. Callahan
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18th Worcester
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Bruce E. Tarr
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First Essex and
Middlesex
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Barbara A. L'Italien
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18th Essex
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The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
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An Act Relative to trusts for the care of animals.
Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding any general or special law or regulation to the contrary, Chapter 203 of the General Laws, as appearing in the 2006 Official Edition, is
hereby amended by inserting after section 3B the following section: -
Section 3C.
A trust for the care of one or more
animals alive during the settlor's lifetime is valid.
Unless the
trust
instrument provides for an earlier termination, the
trust termin
ates 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.
(a) Except as expressly provided otherwise in the trust instr
ument, no portion of the principal or income may be converted to the use of the trustee, other than reasonable trustee fees and expenses of administration, or to any use other than for the benefit of a covered animal or animals.
(b) A court may reduce th
e amount of property held by the trust if it that amount substantially exceeds the amount required for the intended use and the court finds that there will be no substantial adverse impact in the care, maintenance, health, or appearance of the animal or an
imals. The amount of the reduction shall pass as unexpended trust property in accordance with paragraph (c) of this Section.
(c) Upon reduction or termination, the trustee shall transfer the unexpended trust property in the following order:
(1)
As
dir
ected in the trust instrument;
(2) To the settler, if living;
(3) 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; or
(4) To t
he settlor's heirs in accordance with G.L. c. 190.
(d) If a
trustee
is not designated by the trust instrument or no designated
trustee
is willing or able to serve, the court shall name a
trustee.
The court may order the transfer of the property to anothe
r
trustee
if the transfer is necessary to ensure that the intended use is carried out. The court may also make other orders and determinations as are advisable to carry out the intent of the settlor and the intended use of the trust.
(e) The intended use
of the principal or income may be enforced by an individual designated for that purpose in the trust instrument, by the person having custody of an animal for which care is provided by the trust instrument, by a remainder beneficiary, or by an individual
appointed by a court upon application to it by an individual or charitable organization.
(f)
The
settlor
or other custodian of an animal for whose benefit the trust was created may transfer custody of the animal to the trustee at or subsequent to the creation of the trust.
(g)
Any
trust
created under this Section shall be exempt from G.L. c. 184A and the co
mmon law rule against perpetuities.
