Attempts to make gifts in favor of household pets historically fail, in part because they are found to violate the Rule Against Perpetuities. This rule, which existed throughout the 800 years trusts have existed, limits the term of the trust to a period measured by a human life.

A number of states have abolished the rule. Moreover, the National Conference of Commissioners on Uniform State Laws added a section to the Uniform Probate Code aimed at validating "a trust for the care of a designated domestic or pet animal and the animal's offspring." California has adopted the new Uniform Probate Code, and this provision is found at Section 15212. It permits, but does not require, a trustee to carry out a trust for a designated domestic or pet animal.

As a precaution, if you wish to provide for the care of pets, be sure to attach a note to your trust instrument disclosing the necessary information. For example, the name, location and special care instructions, along with information necessary for the trustee to gain access to the pet.

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