Which of the following is NOT a requirement of a Pet Trust under the Uniform Trust Code?

• A. The pet is living during the settlor's life and survives the settlor
• B. The trust terminates upon the death of the pet
• C. The trust may only hold assets sufficient to carry out its purpose
• D. The trust is precatory in nature

Answer: (D)

Pet trusts under the Uniform Trust Code are meant to provide for an animal’s care with enforceable terms, not just a wish or aspiration. The arrangement must be binding: it names a trustee, sets aside funds, and explains how those funds will be used to care for the pet, with a clear end point when the pet dies. The funds are typically limited to what’s needed to carry out that care, preventing excess or improper use. Because the code requires an actual, enforceable obligation to care for the pet, language that is merely precatory—expressing a hope or desire without creating a binding duty—does not meet the requirements. So the statement that a pet trust can be precatory is not a requirement. The other features described align with enforceable pet trusts: the pet is identified as the beneficiary, the trust ends with the pet’s death, and the trust hold assets only to carry out its purpose.