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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to trusts; expressly validating a trust for the care of an animal; and providing other matters properly relating thereto.

 

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 thereto

1-2 a new section to read as follows:

1-3 1. A trust for the care of an animal living at the settlor’s death is

1-4 valid. The trust terminates upon the death of all animals covered by the

1-5 terms of the trust. A settlor’s expression of intent must be liberally

1-6 construed to bring the transfer within this subsection and to avoid a

1-7 merely precatory disposition.

1-8 2. Property of a trust authorized by this section may not be applied to

1-9 a use other than its intended use except to the extent the court determines

1-10 that the value of the trust property exceeds the amount required for the

1-11 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 those

1-13 who would take the trust property if the trust had terminated on the date

1-14 of the distribution.

1-15 3. The intended use of a trust authorized by this section may be

1-16 enforced by a person designated for that purpose in the terms of the trust

1-17 or, if there is no such person, by a person appointed by the court. A

2-1 person having a demonstrated interest in the welfare of the animal may

2-2 petition for an order appointing or removing the person designated to

2-3 enforce the trust. The court shall give preference for appointment to a

2-4 person having such a demonstrated interest.

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