California Governor Approves Horse Trust Bill

caliber · California Governor Approves Horse Trust Bill

California Governor Approves Horse Trust Bill
by: James P. Harrison, Esq.
July 23 2008, Article # 12340

Governor Arnold Schwarzenegger (R-Los Angeles) yesterday signed into law a bill aimed at protecting animals after the deaths of their owners. Senate Bill 685, authored by Senator Leland Yee (D-San Francisco/San Mateo), is expected to reduce the burden on pet shelters, conserve public services and funds, protect animals, and guarantee that people's wills are carried out as intended.

The legislation provides that for the purposes of this bill, "animal" means a domestic or pet animal for the benefit of which a trust has been established. So horses, and the trusts that govern their care, are included.

"This is a great step forward in protecting pets throughout California," said Jan McHugh-Smith, president of the San Francisco Society for the Prevention of Cruelty to Animals (SPCA), which sponsored the bill. "S.B. 685 will provide the legal basis to make certain that the careful planning of pet owners is carried out and that pets continue to be cared for and safeguarded even after the passing of their owners."

Currently, animal trusts in California are honorary and not enforceable by law. S.B. 685 will address the present unenforceability in the administration of these trusts by removing the discretion of trustees in fulfilling the trust. The bill also allows courts to appoint a caregiver if the trustee does not wish to arrange for the animal's care.

S.B. 685 (Chapter 168) officially becomes law on Jan. 1, 2009.

For more information see "California Considers Enforceable Horse Trusts."

Author James P. Harrison is an estate planning attorney who specializes in the drafting of testamentary instructions for the care of animals. He can be reached through the Web site HorseTrusts.com, or by phone toll free at 877/928-7787. Horse Trusts is a listed supporter of this legislation.