§ 408. Trust for care of animal
(a) A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal.
(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the Probate Division of the Superior Court. A person having an interest in the welfare of the animal may request the Probate Division of the Superior Court to appoint a person to enforce the trust or to remove a person appointed.
(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the Probate Division of the Superior Court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor’s successors in interest. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. February 1, 2011.)
Structure Vermont Statutes
Chapter 4 - Creation, Validity, Modification, and Termination of Trust
§ 401. Methods of creating trust
§ 402. Requirements for creation
§ 403. Trusts created in other jurisdictions
§ 405. Charitable purposes; enforcement
§ 406. Creation of trust induced by fraud, duress, or undue influence
§ 408. Trust for care of animal
§ 409. Noncharitable trust without ascertainable beneficiary
§ 410. Modification or termination of trust; proceedings for approval or disapproval
§ 411. Modification or termination of noncharitable irrevocable trust by consent
§ 414. Modification or termination of uneconomic trust
§ 415. Reformation to correct mistakes
§ 416. Modification to achieve settlor’s tax objectives
§ 417. Combination and division of trusts
§ 418. Intentional and unlawful killing; termination of interest in trust