Title 45a — Title 45a: Probate Courts and Procedure

Sec. 45a-499u. Designated representative. (a) The trust instrument may (1) designate one or more persons other than the settlor to represent and bind a beneficiary that is not a charity and to receive a notice, information, an accounting or a report on behalf of the beneficiary; …

Sec. 45a-499uu. Vacancy in trusteeship; appointment of successor. (a) A vacancy in a trusteeship occurs if: (1) A person designated as trustee rejects the trusteeship; (2) a person designated as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a trustee …

Sec. 45a-499uuu. Exculpation of trustee. (a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (1) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purpos…

Sec. 45a-499v. Methods of creating trust. A trust may be created by: (1) Transfer of property to another person as trustee during the settlor's lifetime, by deed or otherwise, or by will or other disposition taking effect upon the settlor's death; (2) declaration by the owner of …

Sec. 45a-499vv. Resignation of trustee. (a) A trustee of an inter vivos trust may resign (1) without court approval upon giving not less than thirty days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or (2) with the approval of the court. (b)…

Sec. 45a-499vvv. Beneficiary's consent, release or ratification. (a) A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach or ratified the transaction co…

Sec. 45a-499w. Requirements for creation. (a) A trust is created only if: (1) The settlor has capacity to create a trust; (2) The settlor indicates an intention to create the trust; (3) The trust has a definite beneficiary or is (A) a charitable trust; (B) a trust for the care of…

Sec. 45a-499ww. Removal of trustee. (a) The settlor of a noncharitable trust, the settlor of a charitable trust who has expressly retained the right to do so, the Attorney General in the case of a charitable trust, a cotrustee, a beneficiary or the surety on the trustee's probate…

Sec. 45a-499www. Limitation on personal liability of trustee. (a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in th…

Sec. 45a-499x. Trusts created in other jurisdictions. An inter vivos trust is validly created if its creation complies with (1) the law of the jurisdiction in which the trust instrument was executed; or (2) the law of the jurisdiction in which, at the time of creation: (A) The se…

Sec. 45a-499xx. Delivery of property by former trustee. (a) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duti…

Sec. 45a-499xxx. Interest as general partner. (a) Except as provided in subsection (c) of this section or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a c…

Sec. 45a-499y. Trust purposes. A trust may be created only to the extent its purposes are lawful and not contrary to public policy. (P.A. 19-137, S. 25.) History: P.A. 19-137 effective January 1, 2020.

Sec. 45a-499yy. Compensation of trustee. (a) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances. (b) If the terms of a trust specify the trustee's compensation, the trustee is entitle…

Sec. 45a-499yyy. Protection of person dealing with trustee. (a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's p…

Sec. 45a-499z. Charitable purposes; enforcement; conversion to new entity. (a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes or other purposes the achievement of w…

Sec. 45a-499zz. Reimbursement of expenses. (a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for: (1) Expenses that were properly incurred in the defense or administration of the trust, unless the trustee is determined to have com…

Sec. 45a-499zzz. Certification of trust. (a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary or, in the case of a charitable trust, the Attorney General's office, the trustee may furnish to the person a certification of trust containing t…

Sec. 45a-500. Uniformity of application and construction of trust. In applying and construing the uniform provisions of sections 45a-499a to 45a-500a, inclusive, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter among sta…

Sec. 45a-500a. Severability clause. If any provision of this section or sections 45a-499a to 45a-500, inclusive, or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this section or sections 45a-499a…

Sec. 45a-500b. Short title: Connecticut Uniform Directed Trust Act. This section and sections 45a-500c to 45a-500s, inclusive, may be cited as the “Connecticut Uniform Directed Trust Act”. (P.A. 19-137, S. 81.) History: P.A. 19-137 effective January 1, 2020.

Sec. 45a-500c. Application; principal place of administration. Sections 45a-500b to 45a-500s, inclusive, apply to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules: (1) If the trust was created before January 1…

Sec. 45a-500d. Common law and principles of equity. The common law and principles of equity supplement sections 45a-500b to 45a-500s, inclusive, except to the extent modified by sections 45a-500b to 45a-500s, inclusive, or law of this state other than this act. (P.A. 19-137, S. 8…

Sec. 45a-500e. Exclusions. (a) As used in this section, “power of appointment” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (b) Sections 45a-500b to …

Sec. 45a-500f. Powers of trust director. (a) Subject to section 45a-500g, the terms of a trust may grant a power of direction to a trust director. (b) Unless the terms of a trust provide otherwise: (1) A trust director may exercise any further power appropriate to the exercise or…

Sec. 45a-500g. Limitations on trust director. A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under subdivision (1) of subsection (b) of section 4…

Sec. 45a-500h. Duty and liability of trust director. (a) Subject to the provisions of subsection (b) of this section, with respect to a power of direction or further power under subdivision (1) of subsection (b) of section 45a-500f: (1) A trust director has the same fiduciary dut…

Sec. 45a-500i. Duty and liability of directed trustee. (a) Subject to the provisions of subsection (b) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under subdivi…

Sec. 45a-500j. Duty to provide information to trust director or trustee. (a) Subject to the provisions of section 45a-500k, a trustee shall provide information to a trust director to the extent the information is reasonably related to: (1) The powers or duties of the trustee; and…

Sec. 45a-500k. No duty to monitor, inform or advise. (a) Unless the terms of a trust provide otherwise: (1) A trustee does not have a duty to: (A) Monitor a trust director; or (B) inform or give advice to a settlor, beneficiary, trustee or trust director concerning an instance in…

Sec. 45a-500l. Application to cotrustee. The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that, in a directed trust, a directed trustee is relieved…

Sec. 45a-500m. Limitation of action against trust director. (a) An action against a trust director for breach of trust must be commenced within the same limitation period as under section 45a-499rrr for an action for breach of trust against a trustee in a like position and under …

Sec. 45a-500n. Defenses in action against trust director. In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the tr…

Sec. 45a-500o. Jurisdiction over trust director. (a) By accepting appointment as a trust director of a trust subject to sections 45a-500b to 45a-500s, inclusive, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or d…

Sec. 45a-500p. Office of trust director. Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters: (1) Acceptance under section 45a-499rr; (2) Giving of bond to secure performance under section 45a-…

Sec. 45a-500q. Uniformity of application and construction. In applying and construing the uniform provisions of sections 45a-500b to 45a-500s, inclusive, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that…

Sec. 45a-500r. Relation to Electronic Signatures in Global and National Commerce Act. Sections 45a-500b to 45a-500s, inclusive, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supersede Se…

Sec. 45a-500s. Application of Connecticut Uniform Directed Trust Act with respect to federal act. The provisions of this section and sections 45a-500b to 45a-500r, inclusive, governing the legal effect, validity or enforceability of electronic records or electronic signatures, an…

Sec. 45a-501. Reserved for future use. PART III CONSTRUCTION OF TRUSTS AND LIMITATIONSOF RULE AGAINST PERPETUITIES

Sec. 45a-502. (Formerly Sec. 45-96a). “Majority” defined for trusts executed prior to October 1, 1972. When the word “majority” is used in a will or trust instrument executed prior to October 1, 1972, it shall be construed to mean a person who has attained the age of twenty-one. …

Sec. 45a-503. (Formerly Sec. 45-95). Rule against perpetuities. “Second look” doctrine. In applying the rule against perpetuities to an interest in real or personal property created before October 1, 1989, limited to take effect at or after the termination of one or more life est…

Sec. 45a-504. (Formerly Sec. 45-96). Reduction of age contingency to preserve interest. If an interest in real or personal property created before October 1, 1989, would violate the rule against perpetuities as modified by section 45a-503 because such interest is contingent upon …

Sec. 45a-505. (Formerly Sec. 45-97). Fee simple determinable or subject to right of entry to become absolute, when. A fee simple determinable in land or a fee simple in land subject to a right of entry for condition broken shall become a fee simple absolute if the specified conti…

Sec. 45a-506. (Formerly Sec. 45-98). Limitations not invalidated, when. Except as provided in the first sentence of section 45a-505, sections 45a-502 to 45a-507, inclusive, shall not be construed to invalidate or modify the terms of any limitation which would have been valid prio…

Sec. 45a-507. (Formerly Sec. 45-99). Application of rule. Sections 45a-502 to 45a-506, inclusive, shall apply only to inter vivos instruments and wills taking effect after October 1, 1955, and to appointments made after said date, including appointments by inter vivos instrument …

Sec. 45a-508. (Formerly Sec. 45-100). Exemption of certain employees' trust funds from the rule against perpetuities. A trust created by an employer as part of a stock bonus, pension, disability, death benefit or profit-sharing plan for the benefit of some or all employees, to wh…

Secs. 45a-509 to 45a-513. Reserved for future use. PART IV CHARITABLE TRUSTS

Sec. 45a-514. (Formerly Sec. 45-79). Charitable trusts. Any charitable trust or use created in writing or by deed by any resident of the state, or any public and charitable trust or use for aiding and assisting any person or persons to be selected by the trustees of such trust or…

Sec. 45a-515. (Formerly Sec. 45-80). Charitable uses determined by trustee, when. Any person may, by will, deed or other instrument, give, devise or bequeath property, real or personal or both, to any trustee or trustees, and may provide in such instrument that the property so gi…

Sec. 45a-516. (Formerly Sec. 45-81). Gifts to charitable community trust. Any person may incorporate by reference in any will, deed or other instrument, the terms, conditions, trusts, uses or purposes of any existing written or printed resolution, declaration or deed of trust pas…