Model Will Clauses Providing for the Care of a Cherished Pet

Model Will Clauses Providing for Care of Cherished Pet

FORM A: Outright disposition of p

I give my pet cat/dog/bird/other, named __________, to __________.

If he/she predeceases me, or if he/she renounces this disposition because she/he is

unwilling or unable to provide a home for my pet, than I designate as my alternate,

__________.

FORM B: Monetary bequest conditioned on beneficiary providing for pet

I give and bequeath to __________ the sum of __________ dollars American

($__________) on condition that he/she agrees to provide a suitable home for my

dog/cat/bird/other, named __________, and maintain him/her in the same manner and

at the same level of comfort which I have done during my lifetime.

Specifically, my dog/cat/bird/other shall be given a place to sleep inside the house and

kept well fed and clean. In addition, my dog/cat/bird/other will be brought to the

veterinarian at least annually for all appropriate medical care.

Finally, if _________ predeceases me, or if he/she renounces this disposition because

she/he is unwilling or unable to provide a home for my pet, than I designate as my

alternate, __________. In such case, this bequest shall lapse and the funds shall be

distributed to my alternate, namely __________.

FORM C: Trust for support of particular dog, cat or other pet

I give to __________ [insert name] my pet dog/cat/bird/other, named __________.

I have already established a trust, funding it with __________ [insert amount, e.g., five

thousand dollars] ($__________), which is to be used for the support of my

dog/cat/bird/other for its life. The trust was established at __________ [insert name of

bank, trust company, etc.] and its trustee is __________.

If interest from the funds that I set aside for the support of my pet are not sufficient to

keep it comfortable for the remainder of its life – “comfortable” is defined here as well

fed, clean, a bed for the pet inside the house, regular care from a veterinarian, and

generally treated well – then the principal may be used so the pet will be provided for.

At the death of my pet, I direct that the remainder of the trust funds (corpus and income),

if any, is to be paid to __________ [insert name of charity or other party].

FORM D: Trust for benefit of testator's horses and dogs

I give to my trustee, __________ [trustee’s name], my __________ [insert number]

horses and ponies and all my hounds located at __________.

I have attached to this Last Will and Testament, and hereby make a part thereof an

addendum listing the names and ages of such horses, ponies and dogs.

I have already established a trust, funding it with __________ [insert amount, e.g., fifty

thousand dollars] ($__________), which is to be used for the support of these animals

for their remainder of their lives. The trust was established at __________ [insert name

of bank, trust company, etc.].

Commencing with my death and assuming any of the animals is still alive, I hereby direct

my estate to pay the trustee an annual sum of __________ dollars American

($__________) for a term of __________ [insert number] years for the care and

maintenance of the animals for the remainder of their lives, as well as for the

maintenance of the stables, kennels and buildings now inhabited by the animals. My

trustee is hereby directed to keep these facilities in a state of good repair.

[

Editor’s Note: With each passing year, this sum will likely need to be adjusted in

accordance with the number and type of animals that still survive. In addition, the impact

of rising labor costs, food, supplies and veterinarian fees, as well as the effects of

inflation, should also be taken into account.]

All payments to trustee will cease beginning with the year following the year in which the

last of the animals dies. At such time, any funds remaining in the trust (both corpus an

income) will revert back to the estate, become part of the residuary of the estate, and

distributed accordingly.

FORM E: Provision directing termination of trust to avoid violation of the rule

against perpetuities

The provisions of this will shall not postpone the vesting of the trust property or any

portion of the trust property for a period of more than 21 years after the death of the last

survivor of the following persons who are living at the time of my death: __________ and

__________. If the trust property has not vested at such time, then immediately prior to

the expiration of such period, such property, or portion thereof, shall vest and be

distributed to the then income beneficiaries hereunder in the same proportions as they

are then entitled to such income.