71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2746
 
                           A-Engrossed
 
                         House Bill 2739
                  Ordered by the House April 20
            Including House Amendments dated April 20
 
Sponsored by Representative SHETTERLY (at the request of Oregon
  Humane Society)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Authorizes creation of pet trusts. Authorizes court appointment
of trustee and of person to enforce terms and conditions of pet
trust. { +  Provides for disposition of trust property upon
termination of trust. + }
 
                        A BILL FOR AN ACT
Relating to pet trusts.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Any person may establish a pet trust for
the care of designated domestic or pet animals. A pet trust may
provide for the care of individually named animals or for a class
of animals, but any animal provided for under the trust must be
living at the time of the trustor's death. Wills and other
instruments shall be liberally construed in favor of finding the
creation of a pet trust, and there is a presumption against
merely precatory or honorary disposition on behalf of domestic
and pet animals.
  (2) The terms and conditions of a pet trust may be enforced by
an individual designated for that purpose in the trust
instrument. If the trust instrument does not designate a person
to enforce the terms and conditions of the pet trust, the circuit
court may appoint a person for that purpose. Reasonable
compensation for a person appointed by the court may be paid from
the assets of the trust.
  (3) If a trustee is not designated in a pet trust or the person
designated to act as trustee is unwilling or unable to serve, the
circuit court shall name a trustee. A pet trust may designate one
or more persons to serve as successor trustee. The court may
order the transfer of the property to a person other than the
designated trustee or successor trustee if the transfer is
required to ensure that the trustor's intent is carried out.  The
court may also make such other orders as the court deems
necessary to carry out the intent of the trustor and the purposes
of this section.
  (4) Upon termination of a pet trust, the trustee shall transfer
the unexpended trust property in the following order:
  (a) As directed by the trust instrument;
  (b) If the trust was created in a nonresiduary clause in the
trustor's will, under the residuary clause in the trustor's will;
or
  (c) If paragraphs (a) and (b) of this subsection do not apply,
to the persons to whom the estate of the trustor would pass by
intestate succession under ORS 112.025 to 112.055.
  (5) Except as ordered by a circuit court or required by the
trust instrument, no filing, report, registration, periodic
accounting, separate maintenance of funds, appointment or fee is
required by reason of the existence of the fiduciary relationship
of the trustee.
  (6) A pet trust terminates as provided by the terms of the
trust instrument. If the trust instrument makes no provision for
termination of the trust, the trust terminates when no living
animal is covered by the trust or when all trust assets are
exhausted, whichever occurs first. + }
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