(a) A trust may be created to provide for the care of an animal alive during the grantor'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 grantor'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 instrument or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the 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 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 instrument, property not required for the intended use must be distributed to the grantor, if then living, otherwise to the grantor's successors in interest.
Structure West Virginia Code
Chapter 44D. Uniform Trust Code
Article 4. Creation, Validity, Modification and Termination of Trust
§44D-4-401. Methods of Creating Trust
§44D-4-402. Requirement for Creation
§44D-4-403. Trusts Created in Other Jurisdictions
§44D-4-405. Charitable Purposes; Enforcement
§44D-4-406. Creation of Trust Induced by Fraud, Duress or Undue Influence
§44D-4-407. Oral Trusts Unenforceable
§44D-4-408. Trust for Care of Animal
§44D-4-409. Noncharitable Trust Without Ascertainable Beneficiary
§44D-4-410. Modification or Termination of Trust; Proceedings for Approval or Disapproval
§44D-4-411. Modification or Termination of Noncharitable Irrevocable Trust by Consent
§44D-4-414. Modification or Termination of Uneconomic Trust
§44D-4-415. Reformation to Correct Mistakes
§44D-4-416. Modification to Achieve Grantor's Tax Objectives