Assembly Bill No. 33–Committee on Judiciary

 

CHAPTER..........

 

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:

 

   Section 1. Chapter 163 of NRS is hereby amended by adding thereto a

new section to read as follows:

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

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

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

expression of intent must be liberally construed in favor of the creation

of such a trust.

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

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

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

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

exceeds the amount required to care for the animal beneficiary, the

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

the trust property if the trust had terminated on the date of the

distribution.

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

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

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

demonstrated interest in the welfare of the animal beneficiary may

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

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

who demonstrates such an interest.

 

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