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Idaho

NOTE:  With the passage of S.B. 1070, effective on July 1, 2005, Idaho adopted the unique concept of a "purpose trust", which would apparently include trusts for pets.

Although we attempt to keep the web site updated, we cannot guarantee that the following is the most recent version of the statute in effect.  Please consult http://www3.state.id.us/idstat/TOC/idstTOC.html for the most recent Idaho statutes.

Idaho Code §15-7-601.  PURPOSE TRUST

(1)  A trust may be  created  for  any  purpose, charitable  or  noncharitable, under the terms of a trust agreement or will. A noncharitable trust so created is a purpose trust and shall exist to serve a purpose.

(2)  A purpose trust does not need a beneficiary.

(3)  A  purpose  trust  shall be enforceable on the terms set forth in the trust agreement by the person named to enforce the  trust;  provided  however, that  the  failure  to  name  a person to enforce the trust shall not void the trust or otherwise cause it to be unenforceable.

(4)  A person named to enforce a purpose trust may resign or be removed or replaced in accordance with the trust.

(5)  If the person named to enforce the trust resigns, or is  removed, or is unwilling or unable to act, and if no successor is named in accordance with the  trust, the trustee shall forthwith apply to the court having jurisdiction of the purpose trust for directions or for a person to  be  appointed by the court to enforce the trust. The court having jurisdiction of the purpose trust shall be empowered to make an order appointing a person to enforce the trust on such terms as it sees fit and to designate how successors will be named.

(6)  During any period of time when  no  person is named or acting to enforce  a  purpose  trust, the court having jurisdiction of the purpose trust shall have the right to exercise all powers necessary to enforce the trust in order to serve the purpose for which it was created.

(7)  Any  interested  person,  as  defined  in section 15-1-201(24), Idaho Code, may bring an action under law or equity to enforce a purpose trust.

(8)  Charitable trusts are not governed by this section.

(9)  A purpose trust created prior to July 1, 2005, shall be valid and enforceable from the date of the trust's creation.