Sec. 13.12.907. Honorary trusts; trusts for pets.

559 words·~3 min read·/ak/title-13/chapter-12/13-12-907·

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(a)Subject to

(c)of this section, a trust may be performed by the trustee for 21 years but not longer, whether or not the terms of the trust contemplate a longer duration, if

(1)the trust is for a specific lawful, noncharitable purpose or for a lawful, noncharitable purpose to be selected by the trustee; and

(2)there is not a definite or definitely ascertainable beneficiary designated.

(b)Except as otherwise provided by this subsection and

(c)of this section, a trust for the care of a designated domestic or pet animal is valid. The trust terminates when a living animal is not covered by the trust. A governing instrument shall be liberally construed to bring the transfer within this subsection, to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent.

(c)In addition to the provisions of

(a)or

(b)of this section, a trust covered by either of those subsections is subject to the following provisions:

(1)except as expressly provided otherwise in the trust instrument, a portion of the principal or income may not be converted to the use of the trustee or to a use other than for the trust's purposes or for the benefit of a covered animal;

(2)upon termination, the trustee shall transfer the unexpended trust property in the following order:

(A)as directed in the trust instrument;

(B)if the trust was created in a nonresiduary clause in the transferor's will or in a codicil to the transferor's will, under the residuary clause in the transferor's will; and

(C)if a taker is not produced by the application of

(A)or

(B)of this paragraph, to the transferor's heirs under AS 13.12.711 ;

(3)for the purposes of AS 13.12.707 , the residuary clause is treated as creating a future interest under the terms of a trust;

(4)the intended use of the principal or income may be enforced by an individual designated for that purpose in the trust instrument or, if none, by an individual appointed by a court upon application to the court by an individual;

(5)except as ordered by the court or required by the trust instrument, a filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or fee is not required by reason of the existence of the fiduciary relationship of the trustee;

(6)a court may reduce the amount of the property transferred, if it determines that amount substantially exceeds the amount required for the intended use; the amount of the reduction, if any, passes as unexpended trust property under

(2)of this subsection;

(7)if a trustee is not designated or a designated trustee is not willing or able to serve, a court shall name a trustee; a court may order the transfer of the property to another trustee, if required to assure that the intended use is carried out and if a successor trustee is not designated in the trust instrument or if a designated successor trustee does not agree to serve or is unable to serve; a court may also make other orders and determinations as are advisable to carry out the intent of the transferor and the purpose of this section.