Mississippi's adoption of the Uniform Trust Code brought with it provisions for two specialized trust vehicles that serve unique purposes: pet trusts for the care of animals and non-charitable purpose trusts for other specific objectives. While these trusts may seem niche, they fill important gaps in the traditional trust framework that requires a human beneficiary capable of enforcing the trust terms.
Pet Trusts Under the Mississippi UTC
Section 91-8-408 of the Mississippi Code allows a trust to be created for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the last surviving animal covered by the trust. A pet trust is legally enforceable—the trustee can be compelled to use the trust funds for the care of the designated animal, and a person designated by the settlor (or appointed by the court) may enforce the trust on behalf of the animal.[1]
The property held in a pet trust may be applied only to the intended use—the care of the animal. If the court determines that the trust property exceeds the amount needed for the animal's care, the excess may be distributed to the settlor (if living) or to the settlor's successors in interest. This provision prevents the use of pet trusts as a vehicle for tying up excessive amounts of wealth outside of the normal estate distribution.
Practical Considerations for Pet Trusts
A well-drafted pet trust should identify the animal or animals by name, breed, and description (photographs are helpful), name a trustee who is willing and able to manage the trust funds and oversee the animal's care, name a caregiver—the person who will have physical custody of the animal—and provide clear guidance on the standard of care, including veterinary care, diet, exercise, and housing. The trust should also provide for what happens if the designated caregiver is unable or unwilling to continue—including a succession plan for both the caregiver and the trustee.[2]
The amount funded into a pet trust should be reasonable in light of the animal's expected remaining lifespan and the cost of care. Overfunding invites a court challenge and may result in the excess being distributed to other beneficiaries.
Non-Charitable Purpose Trusts
Section 91-8-409 of the Mississippi Code allows trusts for non-charitable purposes other than the care of animals. These trusts may be created for any purpose that is not illegal, contrary to public policy, or impossible to achieve. Examples include trusts for the maintenance of a grave or cemetery plot, trusts for the preservation of a specific piece of property (such as a historic building or family farm), and trusts for the continuation of a specific activity or tradition.[3]
Non-charitable purpose trusts face a unique enforcement challenge because there is no human beneficiary with standing to enforce the trust. The statute addresses this by allowing the settlor to designate a person to enforce the trust, or the court may appoint one. The trust may not last longer than 21 years unless the trust instrument provides otherwise (to the extent permitted by Mississippi's rule against perpetuities or any applicable statutory modification).[4]
Both pet trusts and non-charitable purpose trusts are specialized tools that serve specific planning objectives. An estate planning attorney experienced in Mississippi trust law can help determine whether these vehicles are appropriate and ensure they are properly drafted and funded.[5]