Horse Trusts

by winecountrydog

Sometimes dogs and cats outlive their humans. Horses, who have longer lifespans than dogs or cats, are even more likely to outlive their humans. . . . Who cares for horses when their humans are gone?

We're seeing more legal structures in the US and the UK that support and enforce the care of companion animals after owners are gone.

In the US, changes of laws at the state level are making it easier to ensure that instructions for care of an individual animal are enforced according to an owner's last will, and also that funds designated in a trust for "after-owner" care remain in place to do so.

California joins the list of states with legally-enforceable pet trusts with the passage of SB 685, which will take effect in January 2009. Almost a dozen states still don't allow trusts for the care of individual animals!

You can find articles about horse legislation, welfare, and health at Recent News on TheHorse.com.

Here in the US, one group that helps horse owners set up "after-owner" finances and care management is Horse Trusts. They are attorneys at law who draft estate plans and legal instructions for creating trusts. If you'd like a starter packet for a horse trust, you can email or call them at 877-928-7887.

Horse Trusts points out the wisdom of purchasing a life insurance policy to fund a horse's trust: "Horses are expensive to keep and live long lives. Unless you are a person of considerable means, we suggest contacting your insurance agent and purchasing a fixed-term life insurance policy on yourself to fund the trust."

In the UK, there is an animal charity organization called The Horse Trust that was established in 1886 to help the working horses in London. It is the oldest horse charity in the world.

At The Horse Trust homepage is a PDF of the June 2008 "National Equine Welfare Protocol" — which includes horses, ponies, donkeys, hinnies, mules, and other equids. The document subtitle states "The prevention of equine suffering and neglect, and when necessary their rapid remediation, are the paramount considerations."

Paramount, indeed. Pawse and think about the UK org's statement of "Five Freedoms for Horses":

1. Freedom from Hunger and Thirst – by ready access to fresh water and a diet to maintain full health and vigour.

2. Freedom from Discomfort – by providing an appropriate environment, including shelter and a comfortable resting area.

3. Freedom from Pain, Injury or Disease – by prevention or rapid diagnosis and treatment.

4. Freedom to Express Normal Behaviour – by providing sufficient space, proper facilities, and company of the animal's own kind.

5. Freedom from Fear and Distress – by ensuring conditions and treatment which avoid mental suffering.

'Pet trusts' and 'no downer' legislation

By pawlitico

There's a lot going on in California pawlitics these days. Governor Schwarzenegger's Labrador Retrievers, Spunky and Gustav, along with Cockapoo Sarge, say their guardian/governor signed two important animal protection bills into law this week.

The first is California Senate Bill 685 (SB 685) for the enforcement of pet trusts. The bill was authored by Senator Leland Yee (D-San Francisco/San Mateo), and its passage brings peace of mind to people who need to know that the trusts they establish for the care of pets will be legally enforceable.

According to the office of Senator Yee, SB 685, which goes into effect January 1, 2009, is "expected to reduce the burden on pet shelters, conserve public services and funds, protect defenseless animals, and guarantee that people’s wills are carried out as intended."

The San Francisco SPCA and the American SPCA (ASPCA) sponsored this bill, with support from the following groups:

• Humane Society of the United States (HSUS)


• 2nd Chance 4 Pets


• Action for Animals


• Animal Legal Defense Fund


• Animal Switchboard


• Marin Humane Society


• United Animal Nations (UAN)


• Wildcare


• Horse Trusts


• Companion Animal Trusts


• Pets Are Wonderful Support (PAWS)


• San Francisco Dog Owners Group


• State Humane Association of California (SHAC)


• Trusts and Estates Section of the State Bar of Calif.


• Calif. Federation for Animal Legislation (Raasch et al)

The second piece of animal protection legislation is "no downers" Assembly Bill 2098, introduced by Assemblymember Paul Krekorian (D-Burbank). AB 2098 will prohibit any slaughterhouse, stockyard, or animal auction from selling meat or products from downed animals for human consumption. The law imposes stiff criminal penalties on those who sell such products. It also requires immediate action to either humanely euthanize a downed animal or provide veterinary treatment.

The AB 2098 bill is a great step forward in protecting animals as well as human food safety. It strengthens the initial downer legislation passed in California in 1994.

This legislation came about as a direct result of the 2008 downed-animal abuse scandal at a meat packing company. In January, the USDA learned of inhumane handling of downed cattle (non-ambulatory or disabled cattle) at Hallmark/Westland Meat Packing Company in Chino. In February, the company "voluntarily" recalled over 143 million pounds (65 million kilograms) of raw and frozen beef products because of the USDA's investigation into its animal cruelty practices.

Animal lovers who'd like to increase farm animal protection in California or other states and also nationwide should consider supporting Farm Sanctuary. This organization works to stop cruel practices in the "food animal" industry through research, investigations, legal and institutional reforms, public awareness and education projects, rescue efforts, and by providing lifelong refuge for hundreds of rescued animals.