Guide To Protecting Your Horse In Your Will/Trust

1. Understanding & Creating A Plan

A simple will provision such as "I give my horse to [Name]" is not sufficient to protect your horse after your passing. It leaves your horse’s care and funding unclear and subject to probate delays.

To avoid these pitfalls, it is recommended to create a pet trust. Under modern statutes, all 50 U.S. states allow for the creation of pet trusts. (New Jersey, for example, permits a trust that "terminates when no living animal is covered by the trust". It also allows courts to intervene if the trustee or caretaker fails in their duties.)

You may create this trust either during your lifetime (an inter vivos trust) or within your will (a testamentary trust). Each method has legal validity, but a trust created during your lifetime may offer additional flexibility and control.

2. Choosing the Required Parties

To structure your plan effectively, you will need to identify and assign key roles. These individuals will work together to carry out your instructions and ensure your horse’s care is maintained as intended.

You will designate a person to:

create and fund the trust
manage and distribute funds,
be the caregiver for the horse
serve as legal or financial backups

Each role has distinct responsibilities and legal significance, which are described in the glossary that follows this guide.

Suggestion: When possible, select different individuals for each role to maintain checks and balances and avoid potential conflicts of interest. Always name alternates in case someone is unable or unwilling to serve.

If you have not yet identified a potential caretaker, your trust should include specific instructions for selecting one. Eg: you may direct the trustee to consult your veterinarian or reputable equine rescue organizations. If you decide to go this route, it is recommended to donate to the chosen rescue on a monthly basis. It's also highly recommended to require proof of regular veterinary exams, as equine health can decline rapidly and often requires swift medical attention to prevent serious issues.

3. Drafting the Pet Trust

Use precise and mandatory language when drafting the trust. Courts enforce clear directives such as "shall" or "must," while terms like "wish," "hope," or "recommend" are not considered binding and should NOT be used.

The trust should include:

A no-sale clause: for example, "No horse I own shall ever be sold, traded, leased, or auctioned."
Detailed care instructions: including veterinary care/dentist, farrier, quality feed/supplements, and living conditions.
Caretaker/Sanctuary compensation: such as, "The trustee shall pay [Caretaker's Name] $X per month for services from the trust funds."
A remainder clause: identifying where any unused funds should go after the horse dies.
A priority clause: ensuring that trust funds are used for the horse’s care before any distribution to the remainderman.
Authority for euthanasia and medical decisions: e.g., "The trustee or caretaker shall have full authority to determine the proper medical treatment for my horse, including when to euthanize based on the qualified opinion of at least two licensed equine veterinarians."

Reference your state statute directly in the trust where applicable. For example: "This trust is established pursuant to N.J. Stat. §3B:31-24 and shall be construed liberally to carry out the intent of the settlor."

4. Funding & Duration

Estimate the cost of your horse’s care and fund the trust accordingly.

Costs should include:

Boarding
Transportation
Feed (Hay & Grain)
Supplements
Veterinary Exams
Dentistry
Farrier
Compensation for the Caretaker
Any unique requirements

Overfunding is preferable to underfunding, as inflation and rising costs can quickly outpace your original estimates. Any surplus remaining after the horse’s death may revert to the estate or be distributed to the named remainderman.

Be aware of duration limits in certain states. Some states, like Florida and New York, impose a 21-year limit on pet trusts. If necessary, structure the trust to transfer the horse and remaining funds to a sanctuary if the statutory term expires before the passing of your animal. You may also consider establishing the trust under the laws of a state with more favorable terms. For example, New Jersey and Washington D.C. allow a pet trust to continue for the full lifetime of the animal. To do this effectively, the trust must establish a valid legal situs in the chosen state—typically by naming a trustee or administering trust assets from within that jurisdiction.

An experienced estate attorney can help structure the trust so that it complies with both your state of residence and the governing state's law.

5. Formal Execution

1. Ensure your trust and will are signed with all required formalities. Typically, this includes signing in the presence of two witnesses and having the trust notarized. Improper execution can render the documents invalid.

2. Include a no-contest clause if appropriate. This provision may discourage heirs from contesting your will or trust by stating that anyone who challenges the document risks losing their inheritance. (However, in some states, these clauses may be unenforceable or could unintentionally penalize a legitimate concern or good-faith dispute.) Consult with an estate planning attorney to determine whether a no-contest clause is advisable in your situation and how to draft it so that it supports, rather than undermines, your intentions.

3. Communicate your plan in advance. Inform your family, trustee, caretaker, veterinarian, farrier and any other involved parties of the plan’s existence and their roles in it.

Common Mistakes to Avoid

Using DIY (Do-It-Yourself) or generic forms that may not comply with your state’s legal requirements.
Relying solely on a will, which may not provide enforceable care instructions or sufficient funding.
Underfunding the trust, which can lead to inadequate care.
Using vague or conflicting language between your will and trust.
Failing to update your plan to reflect changes in your life or the law.

Remember: Always consult with an experienced estate planning attorney to finalize your documents and tailor your plan to your jurisdiction's laws.

Keywords & Definitions

Pet Trust

A legal trust created to provide ongoing care and funding for a horse (or pet) after the owner’s death. Funds are protected and must be used per your instructions. Enforceable under state law.

A trust created in your will that takes effect after death.

Testamentary Trust

A living trust established during your lifetime.

Inter Vivos Trust

The person who creates and funds the trust.

Settlor/Grantor

The person or entity managing trust assets and distributing funds for your horse’s care.

Trustee

Caretaker

The person who provides day‑to‑day care for your horse under the trust instructions.

Remainderman

The individual or charity that receives leftover trust assets once the horse dies or when the trust ends.

Enforcer

A person/legal officer appointed to enforce compliance with the trust (e.g., court-appointed if misuse occurs).

No‑contest Clause

A clause that discourages heirs from challenging the will/trust by threatening disinheritance.

Precatory Language

Non-binding words (e.g., “wish,” “hope”) that do not create enforceable duties.

Mandatory Language

Binding terms (e.g., “shall,” “must”) that compel action and are legally enforceable.

Formal Execution

Proper signing/witnessing/notarization of the trust/will to ensure validity.

Statutory Cap

Legal limitation on the duration of a trust (e.g., 21‑year term) in some states.

Pet-trust Statute

State law that expressly allows and enforces pet trusts. NJ codified: N.J. Stat. §3B:31‑24.

Probate

The court process validating a will, during which assets (like a horse) may be tied up and delayed.

Situs

The location of property or an item for legal purposes

Advocates to Elimate Slaughter and Promote Lifetime Guardianship.