Answer Your Cat’s Questions Day

There’s a day for everything. Case in point: Answer Your Cat’s Questions Day.

Answer Your Cat's Questions Day, celebrated every January 22, is meant as a fun and imaginative holiday, encouraging cat owners to pay more attention to their feline friends and try to understand their needs and feelings.

As a proud parent of two curious felines, Dill and Poppy, I often find myself wondering what legal queries might be swirling in their keen minds.

Given their luxurious life and my profession as legal educator, it's only fitting they'd ponder about trusts—specifically, honorary trusts.

So let's have some fun with this.

An honorary trust is a unique type of legal arrangement that's often used to provide for the care of pets, like Dill and Poppy, after their owner has passed away or is unable to care for them. It's like setting up a fund or a plan specifically for their well-being.

Under the common law, these kinds of trusts are called “honorary” trusts because there is no beneficiary who can enforce the trust by bringing an action against the trustee. The trustee is on her honor to carry out the trust. However, under the Uniform Trust Code, the trust is enforceable by someone named in the trust instrument or appointed by the court.

Here some important questions that Dill and Poppy might have about honorary trusts:

Dill (with an inquisitive meow): "How do we officially set up this honorary trust?"

Me : "Ah, Dill, it's a bit like drafting a legal declaration of your VIP status. As the settlor, I'll craft a formal document, possibly part of my will or a separate trust agreement. It outlines the specifics. It's essentially a legally binding kitty care package exclusively for you and Poppy."

Poppy (tilting her head): "And what exactly is the purpose of this trust?"

Me: "The trust is your safety net, Poppy. Its main goal is to ensure your continued well-being, like covering gourmet meals, health care, and yes, the essential grooming sessions. It's a legal promise to maintain your standard of living, complete with catnip and cozy naps."

Dill (ears perked up): "And who will manage this trust for us?"

Me: "The trustee, a person I appoint, will take on this noble role. They're responsible for administering the trust, ensuring the funds are used appropriately for your care and comfort. Think of them as a financial guardian for your feline needs."

Poppy (with a curious glance): "How long does this trust last, and what happens afterward?"

Me: "The trust is specifically tailored to your lifespans. If it's just one pet, like if it were only you, Poppy, the trust would be active for your entire life. In your case, with both you and Dill, it ensures care until the last one of you passes. I don't even want to think about that! The idea is to provide continuous care, whether it's for a solo superstar or a dynamic duo like you two. Once the trust's mission of pampering you is complete, any remaining funds will follow my instructions laid out in the trust document. If I haven't specified anything, then state law takes over. It might mean the funds are handed down to my heirs, or the court decides on an appropriate use, always considering the trust's original intent."

So, to Dill, Poppy, and all the pets out there—rest assured, the law has a special place for you.

(My examination of every Multistate Essay Examination since 2008 reveals that honorary trusts, including those for the care of animals, have not been tested on the bar exam. The MEE typically covers broader subjects in trusts law, such as the creation and validity of trusts, duties and powers of trustees, and rights of beneficiaries. However, it's important to note that the MEE can cover a wide range of topics within these broader subjects. While specific questions about honorary trusts for pets might not be common, understanding the principles that apply to these trusts could still be beneficial.)