Del. C. § 3555 (2008).
(a) A trust for the care
of 1 or more specific animals living at the
trustor's death is valid. The trust terminates upon
the death of all animals living at the trustor's
death and covered by the terms of the trust.
(b) A trust authorized by
subsection (a) of this section shall not be invalid
because it lacks an identifiable person as
beneficiary.
(c) A trust authorized by
subsection (a) of this section may be enforced by a
person appointed in the terms of the trust or, if
there is no such person or if the last such person
no longer is willing and able to serve, by a person
appointed by the Court of Chancery. A person who has
an interest in the welfare of the animal or animals
other than a general public interest may petition
the Court of Chancery for an order that appoints a
person to enforce the terms of the trust or to
remove that person.
(d) Property of a trust
authorized by this section may be applied only to
its intended use. Upon the termination of the trust,
any property of the trust remaining shall be
distributed in accordance with the terms of the
trust or, in the absence of such terms, as provided
in § 3592 of this title.
(e) In the case of a
trust created in accordance with subsection (a) of
this section, a trustor or other owner of an animal
for whose benefit the trust was created may transfer
ownership of the animal to the trustee at or
subsequent to the creation of the trust. Subject to
any contrary provision in the trust or other
instrument by which ownership of the animal is given
or bequeathed, if the person to whom ownership of
the animal is given or bequeathed disclaims or
releases such ownership, ownership of the animal
shall pass to the trustee upon such disclaimer or
release.
(f) The trustee of a
trust created in accordance with subsection (a) of
this section shall provide care for the benefit of
the animal in accordance with the terms of the trust
or, in the absence of any such terms, shall provide
care that is reasonable under the circumstances. The
trustee may employ agents or contractors to provide
any such care and pay for such care from the assets
of the trust.
(g) For purposes of this
section, the term "animal" shall include any
nonhuman member of the animal kingdom but shall
exclude plants and inanimate objects.
(75 Del. Laws, c. 301, §
3; 76 Del. Laws, c. 254, § 11 , effective 1/1/08) |
