Assembly Bill No. 524–Committee on Judiciary
March 15, 1999
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Referred to Committee on Judiciary
SUMMARY—Expressly validates trusts for care of animals. (BDR 13-329)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 163 of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
1. A trust for the care of an animal living at the settlor’s death is1-4
valid. The trust terminates upon the death of all animals covered by the1-5
terms of the trust. A settlor’s expression of intent must be liberally1-6
construed to bring the transfer within this subsection and to avoid a1-7
merely precatory disposition.1-8
2. Property of a trust authorized by this section may not be applied to1-9
a use other than its intended use except to the extent the court determines1-10
that the value of the trust property exceeds the amount required for the1-11
intended use. Except as otherwise directed by the terms of the trust,1-12
property not required for the intended use must be distributed to those1-13
who would take the trust property if the trust had terminated on the date1-14
of the distribution.1-15
3. The intended use of a trust authorized by this section may be1-16
enforced by a person designated for that purpose in the terms of the trust1-17
or, if there is no such person, by a person appointed by the court. A2-1
person having a demonstrated interest in the welfare of the animal may2-2
petition for an order appointing or removing the person designated to2-3
enforce the trust. The court shall give preference for appointment to a2-4
person having such a demonstrated interest.~