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Bill > S1578


NJ S1578

NJ S1578
Bars enforcement of provision in decedent's will that would require euthanasia of healthy domestic companion animal.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill would bar the enforcement of any provision in a decedent's will that would require the euthanasia of a healthy pet. The bill was prompted by reports in March 2019 that a healthy Shih Tzu in Virginia was euthanized pursuant to her late owner's will. Reportedly, a local animal shelter had offered to hold the dog for adoption, but the executor declined. The executor brought the dog to a vet, where she was euthanized. Under the bill, any provision in a will that directs the fiduciary to euthanize a healthy domestic companion animal is against public policy and is void and unenforceable. The bill's definition of "fiduciary" is identical to that in N.J.S.3B:1-1: the term includes includes executors, general administrators of an intestate estate, administrators with the will annexed, substituted administrators, substituted administrators with the will annexed, guardians, substituted guardians, trustees, substituted trustees and, unless restricted by the subject or context, temporary administrators, administrators pendente lite, administrators ad prosequendum, administrators ad litem and other limited fiduciaries. The bill defines "domestic companion animal" as any animal commonly referred to as a pet or one that has been bought, bred, raised or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes.

AI Summary

This bill prevents the enforcement of any part of a deceased person's will that would require the euthanasia, or killing, of a healthy pet, which is defined as any animal commonly considered a pet or acquired for companionship rather than for business or farming. This measure was inspired by a case where a healthy dog was euthanized despite an animal shelter offering to find it a new home. The bill declares such provisions in wills to be against public policy and therefore invalid. A "fiduciary" is broadly defined to include anyone responsible for managing an estate, such as an executor or trustee, who would be tasked with carrying out the will's instructions.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)

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