AN
ACT Relating to validating trusts created for the benefit of nonhuman animals;
adding a new chapter to Title 11 RCW; providing an effective date; and
providing contingent effective dates.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
purpose of this chapter is to recognize and validate certain trusts that are
established for the benefit of animals. Under the common law such trusts were
unenforceable at law. The legislature intends that such trusts be recognized
as valid, and that such trusts be enforceable in accordance with their terms.
NEW
SECTION. Sec. 2. As
used in this chapter, "animal" means a nonhuman animal with
vertebrae.
NEW
SECTION. Sec. 3. A
trust for the care of one or more animals is valid. The animals that are to be
benefited by the trust may be individually identified, or may be identified in
such other manner that they can be readily identified. Unless otherwise
provided in the trust instrument or in this chapter, the trust will terminate
when no animal that is designated as a beneficiary of the trust remains living.
NEW
SECTION. Sec. 4.
Except as expressly provided otherwise in the trust instrument or in section 8
of this act, and except as may be necessary to pay the trustee reasonable
compensation and to reimburse the trustee for reasonable costs incurred on
behalf of the trust, no portion of the principal or income of the trust may be
converted to the use of the trustee or to any use other than for the trust's
purpose or for the benefit of the designated animal or animals.
NEW
SECTION. Sec. 5. Upon
termination of the trust, the trustee shall transfer the unexpended trust
property in the following order:
(1)
As directed in the instrument;
(2)
If the trust was created in a nonresiduary clause in the trustor's will or in a
codicil to the trustor's will and the will or codicil does not direct
otherwise, under the residuary clause in the trustor's will, which shall be
read as though the testator died on the date the trust terminated; and
(3)
If no taker is produced by the application of subsection (1) or (2) of this
section, to the trustor's heirs under RCW 11.04.015, as it exists at the time
of the trust's termination.
NEW
SECTION. Sec. 6. The
intended use of the principal or income can be enforced by a person designated
for that purpose in the trust instrument, by the person having custody of an
animal that is a beneficiary of the trust, or by a person appointed by a court
upon application to it by any person. A person with an interest in the welfare
of the animal may petition for an order appointing or removing a person
designated or appointed to enforce the trust.
NEW
SECTION. Sec. 7.
Except as ordered by the court or required by the trust instrument, no filing,
report, registration, or periodic accounting shall be required of the trust or
the trustee.
NEW
SECTION. Sec. 8. If no
trustee is designated or no designated trustee is willing or able to serve, the
court shall name a trustee. The court may order the removal of an acting
trustee and the transfer of the property to another trustee if it is necessary
or appropriate in order to assure that the intended use is carried out. A
court may also make such other orders and determinations as shall be advisable
to carry out the intent of the trustor and the purpose of this chapter.
NEW
SECTION. Sec. 9. In
construing the language of a trust for an animal, the governing instrument
shall be liberally construed to provide the protections of this chapter. It is
presumed that language contained in a trust for an animal is not merely
precatory or honorary in nature unless it can be shown by clear and cogent
evidence that such was the trustor's intent. Extrinsic evidence is admissible
in determining the trustor's intent.
*NEW
SECTION. Sec. 10.
RCW 11.98.130 through 11.98.160 apply to trusts
that are subject to this chapter. If applicable, any reference in those
statutes to a "life or lives in being or conceived at the effective date
of the instrument" shall be construed to refer to any animal that is a
beneficiary of the trust and that is in being or conceived at the effective
date of the instrument.
*Sec. 10 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 11. RCW
11.98.130 through 11.98.160 apply to trusts that are subject to this chapter.
NEW
SECTION. Sec. 12.
Except as otherwise provided in the trust instrument or in this chapter, all
powers and duties conferred on a trustee under Washington law also apply to the
trustee of a trust for animals.
NEW
SECTION. Sec. 13. This
chapter applies to trusts that are created on or after the effective date of
this act and to trusts that are in existence on the effective date of this act,
but that are revocable by the trustor on the effective date of this act. If a
trustor is incompetent to exercise a power of revocation on the effective date
of this act, this chapter does not apply to such trust unless the trustor later
becomes competent to exercise such power of revocation, in which case this
chapter applies to such trust.
*NEW
SECTION. Sec. 14.
(1) Sections 1 through 9, 12, and 13 of this act
take effect October 1, 2001.
(2)
Section 10 of this act takes effect October 1, 2001, if Senate Bill No. 5054,
or its legislative successor bearing the same bill number, does not take effect
by October 1, 2001.
(3)
Section 11 of this act takes effect October 1, 2001, if Senate Bill No. 5054,
or its legislative successor bearing the same bill number, takes effect by
October 1, 2001.
*Sec. 14 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 15.
Sections 1 through 14 of this act constitute a new chapter in Title 11 RCW.
Note:
Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to sections 10 and 14, Substitute
House Bill No. 2046 entitled:
"AN
ACT Relating to validating trusts created for the benefit of nonhuman animals;"
Substitute House Bill No.
2046 will allow trusts created for the benefit of vertebrate animals to be
legally recognized and enforceable. This change in the law will allow people
to ensure that their pets will be cared for after their owner's death.
Sections 10 and 14 of the
bill were intended to address contingencies that could be caused by the rule
against perpetuities. However, those issues were resolved with Senate Bill No.
5054, which I signed on April 18, 2001.
For these reasons, I have
vetoed sections 10 and 14 of Substitute House Bill No. 2046.
With
the exception of sections 10 and 14, Substitute House Bill No. 2046 is
approved."
