Since 2009 Connecticut law (CGS §45a-489a) allows a person (the “Settlor”) to create a testamentary or a lifetime trust for the benefit of a pet or pets. A Pet Trust can benefit one or more animals alive during the lifetime of the person and it must terminate when the last surviving animal dies. Although generally governed by the statutory provisions governing trust creation and administration, the Pet Trust statute contains several unique provisions to protect the nonhuman trust beneficiaries. Specifically, the statute requires the trust to designate both a Trustee to manage the property for the benefit of the animal(s) and a Trust Protector to act on the animal’s behalf. The Trustee is required to submit and certify an annual accounting to the Trust Protector. The statute provides the Trust Protector with the authority to file a petition with the court to (1) enforce the terms of the Trust, (2) remove or replace the Trustee, or (3) require the Trustee to file an account. The Trust Protector also has the power to request the Attorney General intervene if he/she suspects the Trustee has engaged in self-dealing or committed fraud.
Connecticut has strong public policy concerns, among them is the concern that trusts for animals should not be funded with excessive amounts or facilitate lavish lifestyles for animals. In recognition of these public policy concerns, the Pet Trust statute provides that either the Trustee or the Trust Protector may apply to the court for an order to distribute any funds in the Trust it determines exceed the amount required for its intended use, and specifies the following order of distribution for any such excess property: (1) as directed by the terms of the Trust (2) to the remainder beneficiaries; (3) to the Settlor, if living; (4) to the residuary beneficiaries under the Settlor’s will; or (5) the Settlor’s heirs at law.
If you are interested in finding out more about Pet Trusts or other estate planning tools, please contact Attorney Elizabeth A. Edwards.
