Oklahoma is Not Okay for Pet Trusts
Although previous attempts for a Statutory Pet Trust have been tried in the Oklahoma legislature, to date they have been unsuccessful.
This is the text of the previously proposed bill.
"TRUST FOR CARE OF ANIMAL
A. 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.
B. 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 animals may request the court to appoint a person to enforce the trust or to remove a person appointed.
C. 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, considering the current and future needs of the animals. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor’s successors in interest. Notwithstanding the foregoing, the settlor may specifically override this provision by specific reference and prevent the distribution of property in excess of the intended use until all the animals are deceased or as otherwise provided for by the terms of the trust."
Because there is no Statutory Pet Trust, a trust that is set up for a pet in Oklahoma would probably violate the Rule Against Perpetuities (RAP).
This arcane law is as convoluted as any laymen or attorney can imagine. But, essentially it was established to prohibit property from being held perpetually in trust. So, with some twists and variations, RAP voids any agreement which does not end twenty-one years after a life in being, or one generation from lives presently in being plus twenty-one years.
Still confused? Don’t worry thousands of pages of legal arguments and interpretations have been written on this rule.
Currently under Oklahoma law, as in most states, domestic animals and tamed wild animals are personal property Therefore, the animals are unable to own other property or become a beneficiary under a will.
We are unaware of any court cases on the Appellate level in Oklahoma that have directly ruled on these issues.
Although given the current trend throughout the country, one could assume that the Court would try to lend credence and legal standing to this estate planning documentation.
However, they would still have to deal with the time issue of the RAP period and the court would likely limit the trust's duration to the twenty-one-year perpetuities period.
The simple solution is for Oklahoma to get on board with the majority of the country and pass a Statutory Pet Trust.
