PROVIDERS OF ESTATE PLANS FOR THE CONTINUED
CARE OF YOUR ANIMALS

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The Bay Area Equestrian Network

California Senate Bill 685 - Governor gives it his signature!!!

July 22, 2008

Governor Schwarrzenegger today signed into law SB685. Click here to link to the official press release.

California law allows for the creation of trusts used to care for animals. However, as animal beneficiaries can't enforce trusts themselves, like human trust beneficiaries can, these trusts have so far been treated only as "honorary." This means the Trustee is under no legally enforceable obligation to create or follow the terms of the trust.

SB 685, sponsored by the SFSPCA, will enforce these trusts by statutorily creating the legal powers of a trust's "Enforcer" to provide Trustee oversight, and by making a legal presumption that these trusts are not just precatory in nature. The Enforcer could be specifically named in the trust document, or any animal related nonprofit organization could petition the court to be named as the trust's Enforcer should they believe the trust is being mismanaged. These organizations, some presumably chosen as the remainder beneficiaries of the trust by the person providing for their animals in their absence, would ensure trust enforcement.

These sorts of trusts are currently enforced in 37 states including: Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and Wyoming. California, along with Wisconsin, currently allow these trusts but lack a judicial enforcement mechanism.

SB 685 will become California law on January 1, 2009. This provides peace of mind to those creating these trusts and their enforceability hopefully encourages the donation of funds remaining at the end of a covered animal's life to deserving nonprofit animal care organizations.

Click here to view California's official website containing this important legislation. Contact us if you would like to be further informed on the progress of SB 685. (last updated 7/22/08)