{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-726.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-726.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-726.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-726.html"}],"law_id":55689,"edition_id":1,"section_id":55689,"structure_id":14034,"section_number":"64.2-726","catch_line":"Trust for care of animal","history":"2005, c. 935, \u00a7 55-544.08; 2006, c. 666. 2012, c. 614.","full_text":"A\n\nA trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal. Funds from the trust may be applied to any outstanding expenses of the trust and for burial or other postdeath expenditures for animal beneficiaries as provided for in the instrument creating the trust.B\n\nThe instrument creating the trust shall be liberally construed to bring the transfer within the scope of trusts governed by this section, 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\n\nA trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. The appointed person shall have the rights of a trust beneficiary for the purpose of enforcing the trust, including receiving accountings, notices, and other information from the trustee and providing consents. Reasonable compensation for a person appointed by the court may be paid from the assets of the trust.D\n\nExcept as ordered by a court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or surety bond shall be required by reason of the existence of the fiduciary relationship of the trustee.E\n\nProperty of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to the settlor, if then living. If the settlor is deceased, such property shall be distributed pursuant to the residuary clause of the settlor’s will if the trust for the animal was created in a preresiduary clause in the will or pursuant to the residuary provisions of the inter vivos trust if the trust for the animal was created in a preresiduary clause in the trust instrument; otherwise, such property shall be distributed to the settlor’s successors in interest.","order_by":null,"text":{"0":{"id":204144,"text":"A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal. Funds from the trust may be applied to any outstanding expenses of the trust and for burial or other postdeath expenditures for animal beneficiaries as provided for in the instrument creating the trust.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204145,"text":"The instrument creating the trust shall be liberally construed to bring the transfer within the scope of trusts governed by this section, 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204146,"text":"A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. The appointed person shall have the rights of a trust beneficiary for the purpose of enforcing the trust, including receiving accountings, notices, and other information from the trustee and providing consents. Reasonable compensation for a person appointed by the court may be paid from the assets of the trust.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":204147,"text":"Except as ordered by a court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or surety bond shall be required by reason of the existence of the fiduciary relationship of the trustee.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":204148,"text":"Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to the settlor, if then living. If the settlor is deceased, such property shall be distributed pursuant to the residuary clause of the settlor’s will if the trust for the animal was created in a preresiduary clause in the will or pursuant to the residuary provisions of the inter vivos trust if the trust for the animal was created in a preresiduary clause in the trust instrument; otherwise, such property shall be distributed to the settlor’s successors in interest.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14034,"edition_id":1,"name":"Creation, Validity, Modification, and Termination of Trust","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:46:39","date_modified":"2026-06-26 03:46:39","permalink":{"id":274263,"object_type":"structure","relational_id":14034,"identifier":"4","token":"64.2\/III\/7\/4","url":"\/64.2\/III\/7\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12725,"edition_id":1,"name":"Uniform Trust Code","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":12724,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":274107,"object_type":"structure","relational_id":12725,"identifier":"7","token":"64.2\/III\/7","url":"\/64.2\/III\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12724,"edition_id":1,"name":"Trusts","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":273811,"object_type":"structure","relational_id":12724,"identifier":"III","token":"64.2\/III","url":"\/64.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79648,"structure_id":14034,"section_number":"64.2-719","catch_line":"Methods of creating trust","url":"\/64.2-719\/","token":"64.2\/III\/7\/4\/64.2-719","metadata":false},{"id":69632,"structure_id":14034,"section_number":"64.2-720","catch_line":"Requirements for creation","url":"\/64.2-720\/","token":"64.2\/III\/7\/4\/64.2-720","metadata":false},{"id":83069,"structure_id":14034,"section_number":"64.2-721","catch_line":"Trusts created in other jurisdictions","url":"\/64.2-721\/","token":"64.2\/III\/7\/4\/64.2-721","metadata":false},{"id":55125,"structure_id":14034,"section_number":"64.2-722","catch_line":"Trust purposes","url":"\/64.2-722\/","token":"64.2\/III\/7\/4\/64.2-722","metadata":false},{"id":60061,"structure_id":14034,"section_number":"64.2-723","catch_line":"Charitable purposes; enforcement","url":"\/64.2-723\/","token":"64.2\/III\/7\/4\/64.2-723","metadata":false},{"id":58193,"structure_id":14034,"section_number":"64.2-724","catch_line":"Creation of trust induced by fraud, duress, or undue influence","url":"\/64.2-724\/","token":"64.2\/III\/7\/4\/64.2-724","metadata":false},{"id":85469,"structure_id":14034,"section_number":"64.2-725","catch_line":"Evidence of oral trust","url":"\/64.2-725\/","token":"64.2\/III\/7\/4\/64.2-725","metadata":false},{"id":55689,"structure_id":14034,"section_number":"64.2-726","catch_line":"Trust for care of animal","url":"\/64.2-726\/","token":"64.2\/III\/7\/4\/64.2-726","metadata":false},{"id":81678,"structure_id":14034,"section_number":"64.2-727","catch_line":"Noncharitable trust without ascertainable beneficiary","url":"\/64.2-727\/","token":"64.2\/III\/7\/4\/64.2-727","metadata":false},{"id":84830,"structure_id":14034,"section_number":"64.2-728","catch_line":"Modification or termination of trust; proceedings for approval or disapproval","url":"\/64.2-728\/","token":"64.2\/III\/7\/4\/64.2-728","metadata":false},{"id":80099,"structure_id":14034,"section_number":"64.2-729","catch_line":"Modification or termination of noncharitable irrevocable trust by consent","url":"\/64.2-729\/","token":"64.2\/III\/7\/4\/64.2-729","metadata":false},{"id":66263,"structure_id":14034,"section_number":"64.2-730","catch_line":"Modification or termination because of unanticipated circumstances or inability to administer trust effectively","url":"\/64.2-730\/","token":"64.2\/III\/7\/4\/64.2-730","metadata":false},{"id":69697,"structure_id":14034,"section_number":"64.2-731","catch_line":"Cy pres","url":"\/64.2-731\/","token":"64.2\/III\/7\/4\/64.2-731","metadata":false},{"id":66862,"structure_id":14034,"section_number":"64.2-732","catch_line":"Modification or termination of uneconomic trust","url":"\/64.2-732\/","token":"64.2\/III\/7\/4\/64.2-732","metadata":false},{"id":84040,"structure_id":14034,"section_number":"64.2-733","catch_line":"Reformation to correct mistakes","url":"\/64.2-733\/","token":"64.2\/III\/7\/4\/64.2-733","metadata":false},{"id":60974,"structure_id":14034,"section_number":"64.2-734","catch_line":"Modification to achieve settlor's tax objectives","url":"\/64.2-734\/","token":"64.2\/III\/7\/4\/64.2-734","metadata":false},{"id":69919,"structure_id":14034,"section_number":"64.2-735","catch_line":"Combination and division of trusts","url":"\/64.2-735\/","token":"64.2\/III\/7\/4\/64.2-735","metadata":false},{"id":61715,"structure_id":14034,"section_number":"64.2-736","catch_line":"Amendment of trust where gift, grant, or will establishes private foundation or constitutes a charitable trust or a split-interest trust","url":"\/64.2-736\/","token":"64.2\/III\/7\/4\/64.2-736","metadata":false},{"id":83369,"structure_id":14034,"section_number":"64.2-737","catch_line":"Distribution of income of trust that is a private foundation or a charitable trust; prohibitions as to such private foundation","url":"\/64.2-737\/","token":"64.2\/III\/7\/4\/64.2-737","metadata":false},{"id":69457,"structure_id":14034,"section_number":"64.2-738","catch_line":"Prohibitions as to trust that is deemed a split-interest trust","url":"\/64.2-738\/","token":"64.2\/III\/7\/4\/64.2-738","metadata":false},{"id":79217,"structure_id":14034,"section_number":"64.2-739","catch_line":"Application of \u00a7\u00a7 64.2-737 and 64.2-738","url":"\/64.2-739\/","token":"64.2\/III\/7\/4\/64.2-739","metadata":false},{"id":78805,"structure_id":14034,"section_number":"64.2-740","catch_line":"Interpretation of references to Internal Revenue Code in \u00a7\u00a7 64.2-736 through 64.2-739","url":"\/64.2-740\/","token":"64.2\/III\/7\/4\/64.2-740","metadata":false},{"id":73508,"structure_id":14034,"section_number":"64.2-741","catch_line":"Powers of courts not impaired by \u00a7\u00a7 64.2-736 through 64.2-740","url":"\/64.2-741\/","token":"64.2\/III\/7\/4\/64.2-741","metadata":false}],"previous_section":{"id":85469,"structure_id":14034,"section_number":"64.2-725","catch_line":"Evidence of oral trust","url":"\/64.2-725\/","token":"64.2\/III\/7\/4\/64.2-725","metadata":false},"next_section":{"id":81678,"structure_id":14034,"section_number":"64.2-727","catch_line":"Noncharitable trust without ascertainable beneficiary","url":"\/64.2-727\/","token":"64.2\/III\/7\/4\/64.2-727","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-726\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 935<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2006, chapter 666<\/a>.<\/p>","references":[{"id":76542,"section_number":"64.2-708","catch_line":"Others treated as qualified beneficiaries","order_by":null,"url":"\/64.2-708\/"},{"id":69632,"section_number":"64.2-720","catch_line":"Requirements for creation","order_by":null,"url":"\/64.2-720\/"},{"id":81678,"section_number":"64.2-727","catch_line":"Noncharitable trust without ascertainable beneficiary","order_by":null,"url":"\/64.2-727\/"}],"refers_to":false,"permalink":{"id":274293,"object_type":"law","relational_id":55689,"identifier":"64.2-726","token":"64.2\/III\/7\/4\/64.2-726","url":"\/64.2-726\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-726\/","token":"64.2\/III\/7\/4\/64.2-726","dublin_core":{"Title":"Trust for care of animal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-726","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal. Funds from the trust may be applied to any outstanding expenses of the trust and for burial or other postdeath expenditures for animal beneficiaries as provided for in the instrument creating the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The instrument creating the trust shall be liberally construed to bring the transfer within the scope of trusts governed by this section, to presume against the merely precatory or honorary nature of the disposition<\/span>, and to carry out the general intent<\/span> of the transferor. Extrinsic evidence<\/span> is admissible<\/span> in determining the transferor’s intent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A trust authorized by this section may be enforced by a person<\/span> appointed in the terms of the trust or, if no person<\/span> is so appointed, by a person<\/span> appointed by the court<\/span>. A person<\/span> having an interest in the welfare of the animal may request the court<\/span> to appoint a person<\/span> to enforce the trust or to remove a person<\/span> appointed. The appointed person<\/span> shall have the rights of a trust beneficiary<\/span> for the purpose of enforcing the trust, including receiving accountings, notices, and other information from the trustee<\/span> and providing consents. Reasonable compensation for a person<\/span> appointed by the court<\/span> may be paid from the assets<\/span> of the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as ordered by a court<\/span> or required by the trust instrument<\/span>, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or surety<\/span> bond<\/span> shall be required by reason of the existence of the fiduciary<\/span> relationship of the trustee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Property<\/span> of a trust authorized by this section may be applied only to its intended use, except to the extent the court<\/span> determines that the value<\/span> of the trust property<\/span> exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property<\/span> not required for the intended use shall be distributed to the settlor, if then living. If the settlor is deceased, such property<\/span> shall be distributed pursuant to the residuary clause of the settlor’s will<\/span> if the trust for the animal was created in a preresiduary clause in the will<\/span> or pursuant to the residuary provisions of the inter vivos trust if the trust for the animal was created in a preresiduary clause in the trust instrument<\/span>; otherwise, such property<\/span> shall be distributed to the settlor’s successors in interest. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRUST FOR CARE OF ANIMAL (\u00a7 64.2-726)\n\nA. A trust may be created to provide for the care of an animal alive during the\nsettlor’s lifetime. The trust terminates upon the death of the animal or,\nif the trust was created to provide for the care of more than one animal alive\nduring the settlor’s lifetime, upon the death of the last surviving\nanimal. Funds from the trust may be applied to any outstanding expenses of the\ntrust and for burial or other postdeath expenditures for animal beneficiaries as\nprovided for in the instrument creating the trust.\n\nB. The instrument creating the trust shall be liberally construed to bring the\ntransfer within the scope of trusts governed by this section, to presume against\nthe merely precatory or honorary nature of the disposition, and to carry out the\ngeneral intent of the transferor. Extrinsic evidence is admissible in\ndetermining the transferor’s intent.\n\nC. A trust authorized by this section may be enforced by a person appointed in\nthe terms of the trust or, if no person is so appointed, by a person appointed\nby the court. A person having an interest in the welfare of the animal may\nrequest the court to appoint a person to enforce the trust or to remove a person\nappointed. The appointed person shall have the rights of a trust beneficiary for\nthe purpose of enforcing the trust, including receiving accountings, notices,\nand other information from the trustee and providing consents. Reasonable\ncompensation for a person appointed by the court may be paid from the assets of\nthe trust.\n\nD. Except as ordered by a court or required by the trust instrument, no filing,\nreport, registration, periodic accounting, separate maintenance of funds,\nappointment, or surety bond shall be required by reason of the existence of the\nfiduciary relationship of the trustee.\n\nE. Property of a trust authorized by this section may be applied only to its\nintended use, except to the extent the court determines that the value of the\ntrust property exceeds the amount required for the intended use. Except as\notherwise provided in the terms of the trust, property not required for the\nintended use shall be distributed to the settlor, if then living. If the settlor\nis deceased, such property shall be distributed pursuant to the residuary clause\nof the settlor’s will if the trust for the animal was created in a\npreresiduary clause in the will or pursuant to the residuary provisions of the\ninter vivos trust if the trust for the animal was created in a preresiduary\nclause in the trust instrument; otherwise, such property shall be distributed to\nthe settlor’s successors in interest.\n\nHISTORY: 2005, c. 935, \u00a7 55-544.08; 2006, c. 666. 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}