Friday, January 1, 2010
Will Provisions for Leaving Cairns to CPCRN
Because most if not all states' laws treat animals as personal property, a good way to handle this
issue is to include in your will: "I give, devise, and bequeath my cherished Cairn Terrier, (name),
to Col. Potter Cairn Rescue Network, a New York not-for-profit corporation
A more global bequest, which would prevent having to rewrite a will after a Cairn has crossed the bridge, would be "I give, devise, and bequeath any and all Cairn Terriers in my possession at the time of my death to Col. Potter Cairn Rescue Network, a New York not-for-profit corporation www.cairnrescue.com)."
To help assure that the bequest is honored, the gift of the Cairn should include a gift of money to provide for care of the Cairn. This could be accomplished by establishing a simple trust, in a money amount of your choosing, in your will. Such a trust might read:
I give, devise and bequeath the sum of ___________ ($_______) for the care of my Cairn Terrier(s), to be paid over to the Board of Directors of Col. Potter Cairn Rescue Network, as Trustee, for the use and benefit of the objects of the Trust established as follows:
A. The Trustee of this Trust shall be the Board of Directors of Col. Potter Cairn
Rescue Network (“CPCRN”), a New York not-for-profit corporation
(www.cairnrescue.com). This Trust shall run for the benefit of my Cairn Terrier(s) until he/she is placed in a suitable adoptive home selected by CPCRN. During the continuance of the Trust, the Trustee shall pay to or for the care, support, medical needs, and maintenance of my Cairn Terrier(s) so much of the net income and principal of the trust estate as it, in its sole discretion, shall determine to be in my Cairn Terrier(s)’ best interests. Any undistributed income shall be added to and made a part of principal.
B. Upon placement of my Cairn Terrier(s) in a suitable adoptive home by
CPCRN, the Trust shall terminate and the Trustee shall distribute any remaining funds to CPCRN for its Cairn Terrier rescue activities, to be used as the Board of Directors of CPCRN shall determine .
C. This Trust may be terminated earlier than the time otherwise provided herein if
and when the Trustee, in its discretion, determines that such action should be taken due to circumstances not known or contemplated during my lifetime, including, but not limited to, significant depletion of trust assets or changes in laws which may negate trust purposes.
D. The trustee is vested with full title to all of the property and estate hereby
given, devised and bequeathed to the Trust until the termination of the Trust and until the trust property shall be actually paid over, transferred and delivered according to the above terms.
It would be best to discuss the suggested provisions with your attorney, if you have one, who could modify specific language in accordance with a given state's laws, if necessary.
Pamela S. Burt, Attorney at Law, CPCRN Legal
POB 186, Harrisville, MI (T) 989-724-7400