456.4-408. 1. A trust may be created to provide for the care of ananimal alive during the settlor's lifetime. The trust terminates upon thedeath of the animal or, if the trust was created to provide for the care ofmore than one animal alive during the settlor's lifetime, upon the death ofthe last surviving animal.
2. A trust authorized by this section may be enforced by a personappointed in the terms of the trust or, if no person is so appointed, by aperson appointed by the court. A person having an interest in the welfareof the animal may request the court to appoint a person to enforce thetrust or to remove a person appointed.
3. Property of a trust authorized by this section may be applied onlyto its intended use, except to the extent the court determines that thevalue of the trust property exceeds the amount required for the intendeduse. Except as otherwise provided in the terms of the trust, property notrequired for the intended use must be distributed to the settlor, if thenliving, otherwise to the settlor's successors in interest.
(L. 2004 H.B. 1511)Effective 1-01-05