Pet Trust (Will Clause)
(CA)

Summary

This clause is a will provision that may be used to create a testamentary trust for the ongoing care of a pet. It is for use in California. This template includes practical guidance and drafting notes. Although an animal may not be a beneficiary under a will, trusts for the benefit of pets are allowed under Cal. Prob. Code § 15212. This template incorporates the statutory provisions. While customization is possible, terms inconsistent with the statute may be unenforceable and could render the trust invalid. This testamentary trust clause provides for the trustee to apply income and principal to meet a surviving pet's needs during its lifetime. Upon the pet's death, the remainder passes to the named beneficiaries. For a full listing of key clauses for use when drafting last wills and testaments, see Will Clauses Resource Kit. For more information on wills, see Purposes and Uses of a Will (CA), Requisites, Instrumentation, and Will Provisions (CA), and Revocation, Revival, and Will Contests (CA). For more information on trusts, see Characteristics and Uses of Trusts (CA), Requirements and Restrictions on Trust Purposes and Administration (CA), and Revocation, Amendment, and Termination of Trusts (CA).