MBE Rules · Wills, Trusts & Estates

Pet and Honorary Trusts

Cal. Prob. Code § 15212

The rule

A trust for the care of a designated animal is valid and enforceable for the animal's life; principal and income may be used only for the trust's purpose, with enforcement by a designated or interested person.

In plain English

A pet trust is a legal arrangement that ensures funds are available for the care of a specific animal for its lifetime. The money in the trust can only be used for the animal's care, and someone must be designated to enforce the terms of the trust.

Worked example

Jane establishes a trust for her dog, Max, allocating $50,000 for his care after her passing. The trust specifies that the funds are to be used for Max's food, veterinary care, and grooming. After Jane's death, the designated trustee uses the funds solely for Max's needs, ensuring he is well taken care of for his lifetime. The trust is upheld and enforced as valid.

Memory hook

A pet trust: caring for your furry friend even after you're gone!

The trap

Exams may confuse students by including scenarios where the trust's purpose is misused or where the enforcement mechanism is unclear. Be careful to identify who has the standing to enforce the trust.

How examiners test it

Questions often present a scenario involving a pet trust and may test the validity of the trust or the enforcement by an interested party. Look for issues related to the use of funds and the designated enforcer's role.

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