MILTON BERRY SCOTT
Attorney at Law
Walnut Creek, California

INFORMATION FOR CALIFORNIA ESTATE PLANNING PROFESSIONALS

July 22, 2008—new California trust pet law

This new legislation changes California law regarding establishment and administration of a trust for a person's pets or domestic animals. The current code section (15212) is repealed and a new one substituted.

The law now provides that a trust for the care of a domestic or pet animal is for a lawful noncharitable purpose and terminates when the animal or animals die. The new law requires the courts to liberally construe such a trust and to carry out the intent of the drafters The court could review the actions of the trustee, accountings and investments, and determine who inherits the trust assets on the death of the animal or animals, if not already provided for.

Any individual beneficiaries of the trust or any nonprofit charitable organization that has as its principal activity the care of animals could inspect the animal, where the animal is maintained and the books and records of the trust.

SB 685 (new law)

PC 15212 (old law)

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