Assembly Bill No. 33–Committee on Judiciary

Prefiled January 24, 2001

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Referred to Committee on Judiciary

SUMMARY—Expressly validates trust for care of animals. (BDR 13‑17)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: 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 a

1-2 new section to read as follows:

1-3 1. A trust created for the care of one or more animals that are alive

1-4 at the time of the settlor’s death is valid. Such a trust terminates upon the

1-5 death of all animals covered by the terms of the trust. A settlor’s

1-6 expression of intent must be liberally construed in favor of the creation

1-7 of such a trust.

1-8 2. Except as otherwise provided in this subsection, property of a trust

1-9 described in subsection 1 may not be used in a manner inconsistent with

1-10 its intended use. Except as otherwise directed by the terms of the trust, if

1-11 a court determines that the value of a trust described in subsection 1

1-12 exceeds the amount required to care for the animal beneficiary, the

1-13 excess amount must be distributed to the person who would have taken

1-14 the trust property if the trust had terminated on the date of the

1-15 distribution.

1-16 3. The intended use of a trust described in subsection 1 may be

1-17 enforced by the trustee or, if a trustee was not designated, by a person

1-18 appointed by the court to act as the trustee. A person having a

1-19 demonstrated interest in the welfare of the animal beneficiary may

1-20 petition the court for an order to appoint himself as trustee or to remove

1-21 the trustee. The court shall give preference for appointment to a person

1-22 who demonstrates such an interest.

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