(a) For purposes of this section:

(1) “Animal trust” means a trust or an interest in a trust described in Section 15212.

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Terms Used In California Probate Code 19523

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
  • Trust: includes the following:

    California Probate Code 82

(2) “Protector” means either of the following:

(A) A person appointed in an animal trust to enforce the trust on behalf of the animal as described in subdivision (c) of Section 15212 or, if no person is appointed in the trust for that purpose, a person appointed by the court for that purpose.

(B) A nonprofit charitable corporation described in subdivision (e) of Section 15212 that has requested an accounting in writing.

(b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this part if each animal that benefits from the trust were an individual, if the protector consents in a signed writing to the exercise of the power.

(c) A protector for an animal has the rights under this part of a qualified beneficiary.

(d) Notwithstanding any other provision of this part, if a first trust is an animal trust, in an exercise of the decanting power, the second trust shall provide that trust property may be applied only to its intended purpose for the period the first trust benefited the animal.

(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)