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

Sec. 45a-499f. Common law of trusts; principles of equity. The common law of trusts and principles of equity supplement sections 45a-487j to 45a-487t, inclusive, and 45a-499a to 45a-500s, inclusive, except to the extent modified by sections 45a-487j to 45a-487t, inclusive, and 45…

Sec. 45a-499ff. Modification or termination because of unanticipated circumstances or inability to administer trust effectively. (a) The court may modify the administrative or dispositive terms of a trust, subject to sections 45a-499gg and 45a-499hh, or terminate a noncharitable …

Sec. 45a-499fff. Creditor's claims against settlor. The settlor of an irrevocable trust shall not be deemed to have a beneficial interest in such trust merely because the trustee is authorized under the trust instrument or any other provision of law to (1) pay or reimburse the se…

Sec. 45a-499g. Governing law. The meaning and effect of the terms of a trust are determined by: (1) The law of the jurisdiction designated in the terms of the trust, unless the designation of the jurisdiction's law is contrary to a strong public policy of the jurisdiction having …

Sec. 45a-499gg. Cy pres. Except as otherwise provided in section 45a-499hh, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve or wasteful: (1) The trust does not fail, in whole or in part; (2) the trust property does not revert to the settl…

Sec. 45a-499ggg. Control and protection of trust property. A trustee shall take reasonable steps to take control of and protect the trust property. (P.A. 19-137, S. 59.) History: P.A. 19-137 effective January 1, 2020.

Sec. 45a-499h. Principal place of administration. (a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration of the trust are valid and controlling if: (1) A trus…

Sec. 45a-499hh. Limitation on court authority to apply cy pres. A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under section 45a-499gg to apply cy pres to m…

Sec. 45a-499hhh. Recordkeeping and identification of trust property. (a) A trustee shall keep adequate records of the administration of the trust. (b) A trustee shall keep trust property separate from the trustee's own property. (c) Except as provided in subsection (d) of this se…

Sec. 45a-499i. Methods and waiver of notice. (a) Notice to a person under sections 45a-487j to 45a-487t, inclusive, 45a-499a to 45a-500s, inclusive, and 45a-545a to 45a-545cc, inclusive, or the sending of a document to a person under sections 45a-487j to 45a-487t, inclusive, 45a-…

Sec. 45a-499ii. Modification or termination of uneconomic trust. (a) After thirty days' notice to the qualified beneficiaries and such other beneficiaries as the trustee deems reasonable, the trustee of a noncharitable inter vivos trust consisting of trust property having a total…

Sec. 45a-499iii. Enforcement and defense of claims. A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust. (P.A. 19-137, S. 61.) History: P.A. 19-137 effective January 1, 2020.

Sec. 45a-499j. Others treated as qualified beneficiaries. (a) Whenever notice to qualified beneficiaries of a trust is required under sections 45a-487j to 45a-487t, inclusive, and 45a-499a to 45a-500s, inclusive, the trustee shall also give notice to any beneficiary who sent the …

Sec. 45a-499jj. Reformation of noncharitable trust to correct mistakes. The court may reform the terms of a noncharitable trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence what the settlor's intention was …

Sec. 45a-499jjj. Collecting trust property. A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and to redress a breach of trust known to the trustee to have been committed by a former trustee. (P.A. 19-137, S.…

Sec. 45a-499k. Nonjudicial settlement agreements. (a) For the purposes of this section, “interested persons” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. (b) Except as provided in subsectio…

Sec. 45a-499kk. Modification to achieve settlor's tax objectives. To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive e…

Sec. 45a-499kkk. Trustee's duty to inform and report. (a) A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for the beneficiaries to protect their interests. A trustee shall …

Sec. 45a-499l. Insurable interest of trustee. A trustee has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee or that designates the trust itself as the owner if, on the date the policy is issued: (1) The insured…

Sec. 45a-499ll. Combination and division of trusts. (a) After thirty days' notice to the qualified beneficiaries, the trustee of an inter vivos trust may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impa…

Sec. 45a-499lll. Discretionary powers; tax savings. (a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of terms such as “absolute”, “sole” or “uncontrolled”, the trustee shall exercise a discretionary power in good fait…

Sec. 45a-499m. Role of court in administration of trust. (a) A testamentary trust is subject to continuing judicial supervision. (b) An inter vivos trust is not subject to continuing judicial supervision. (P.A. 19-137, S. 13.) History: P.A. 19-137 effective January 1, 2020.

Sec. 45a-499mm. Personal obligations of trustee. Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt. (P.A. 19-137, S. 39.) History: P.A. 19-137 effective January 1, 2020.

Sec. 45a-499mmm. General powers of trustee. (a) A trustee, without authorization by the court, may exercise: (1) Powers conferred by the terms of the trust; and (2) except as limited by the terms of the trust, (A) all powers over the trust property which an unmarried competent ow…

Sec. 45a-499n. Jurisdiction over trustee and beneficiary. (a) If a trustee accepts trusteeship of a trust having its principal place of administration in this state or moves the principal place of administration to this state, the trustee submits personally to the jurisdiction of…

Sec. 45a-499nn. Limitations on beneficiary's creditor to attach or compel distribution of property. (a) For all purposes under this section and section 45a-499mm, a creditor of a beneficiary, other than a creditor of the settlor if the settlor is a beneficiary of the trust, may n…

Sec. 45a-499nnn. Specific powers of trustee. (a) Without limiting the authority conferred by section 45a-499mmm, and except as otherwise prohibited by law or by the terms of the trust instrument, a trustee may: (1) Collect trust property and accept or reject additions to the trus…

Sec. 45a-499o. Subject matter jurisdiction of Probate Courts and the Superior Court. (a) Except as provided in subsection (b) of this section, the Probate Courts have sole original jurisdiction relating to testamentary trusts to: (1) Determine the validity of the will establishin…

Sec. 45a-499oo. Revocation or amendment of revocable trust. (a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection shall not apply to (1) a trust created under an instrument executed before Janua…

Sec. 45a-499ooo. Distribution of trust property upon termination. (a) Upon termination or partial termination of a trust, the trustee may send to the qualified beneficiaries a proposal for distribution. If the proposal informed the beneficiary of the right to object and of the ti…

Sec. 45a-499p. Venue. (a) Process for a proceeding in the Superior Court concerning a trust shall be returnable as provided in chapter 890. (b) A petition to commence a proceeding in a Probate Court concerning a testamentary trust shall be filed with: (1) The court that admitted …

Sec. 45a-499pp. Settlor's powers; powers of withdrawal. (a) To the extent a trust is revocable by a settlor, a trustee may follow a direction of the settlor that is contrary to the terms of the trust. To the extent a trust is revocable by a settlor in conjunction with a person ot…

Sec. 45a-499ppp. Breach of trust. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (P.A. 19-137, S. 68.) History: P.A. 19-137 effective January 1, 2020.

Sec. 45a-499q. Representation: Basic effect. (a) Notice to a person who may represent and bind another person under this section and sections 45a-499r to 45a-499u, inclusive, has the same effect as if notice were given directly to the other person. (b) The consent of a person who…

Sec. 45a-499qq. Limitation on action contesting validity of revocable trust; distribution of trust property. (a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of: (1) One year after the …

Sec. 45a-499qqq. Damages in absence of breach. (a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from administration of the trust, even absent a breach of trust. (b) Absent a breach of trust, a trustee is not liable to a beneficiar…

Sec. 45a-499r. Representation by holder of general testamentary power of appointment. To the extent there is no conflict of interest between the holder of a power of appointment and a person represented with respect to the particular question or dispute: (1) The sole holder or al…

Sec. 45a-499rr. Accepting or declining trusteeship. (a) Except as provided in subsection (c) of this section, a person designated as trustee accepts the trusteeship: (1) By substantially complying with a method of acceptance provided in the terms of the trust; (2) if the terms of…

Sec. 45a-499rrr. Limitation of action against trustee. (a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date on which the beneficiary or a representative of the beneficiary was sent a report that adequately disclos…

Sec. 45a-499s. Representation by fiduciaries, parents and persons having substantially identical interests. (a) To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular quest…

Sec. 45a-499ss. Trustee's bond. (a) A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond (1) is needed to protect the interests of the beneficiaries; or (2) is required by the terms of the trust and, in the case of noncharita…

Sec. 45a-499sss. Reliance on trust instrument. A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. (P.A. 19-137, S. 71.) …

Sec. 45a-499t. Appointment of representative. (a) If the court determines that an interest is not represented pursuant to sections 45a-499q to 45a-499u, inclusive, or that the otherwise available representation may be inadequate, the court may appoint a guardian ad litem to recei…

Sec. 45a-499tt. Cotrustees. (a) Cotrustees who are unable to reach a unanimous decision may act by majority decision. (b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust. (c) Subject to the provisions of section 45a-500l, a cotrustee shall p…

Sec. 45a-499ttt. Event affecting administration or distribution. If an event, including marriage, divorce, performance of educational requirements or death affects administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of…

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; …