New Jersey Assembly Bill A2268

New Jersey 2022-2023 Regular Session

• Introduced: 2/7/22
• Refer: 2/7/22

Caption

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

Impact

If enacted, A2268 would amend New Jersey's estate laws to ensure that the health and welfare of domestic companion animals are prioritized over the deceased's wishes. The bill specifically targets the powers and responsibilities of fiduciaries, which include executors and trustees, making it clear that their duty cannot extend to carrying out such a directive that endangers a healthy animal. This change in the law represents a significant shift in how animal welfare is integrated within estate planning and fiduciary responsibilities.

Summary

Assembly Bill A2268 seeks to protect healthy domestic companion animals from being put to death based on directives in a decedent's will. This legislation arose in response to an incident in 2019 where a healthy dog was euthanized according to its owner’s wishes, despite an available alternative to find the animal a new home. The bill declares that any such provision within a will, which instructs a fiduciary to euthanize a healthy pet, is considered against public policy and thus void and unenforceable. This reflects a growing recognition of the rights of animals and a shift towards more humane treatment of pets after their owners pass away.

Contention

While the bill has received support from animal rights advocates who emphasize the moral implications of euthanizing healthy animals, it could face opposition from individuals who believe in upholding the wishes of the deceased in all matters, even those related to their pet's fate. Critics may argue that the government should not interfere with personal decisions made by individuals in their wills. Nonetheless, proponents assert that preserving animal life should supersede such wishes, particularly when alternatives exist.