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

Sec. 45a-471.* (Formerly Sec. 45-213c). Trustee to receive proceeds of pension, retirement, death benefit and profit-sharing plans. (a) As used in this section, “proceeds” means the proceeds paid upon the death of any insured, employee or participant under any thrift plan or trus…

Sec. 45a-472. Trustee to receive proceeds of pension, retirement, death benefit and profit-sharing plans. (a) As used in this section, “proceeds” means the proceeds paid upon the death of any insured, employee, participant, or beneficiary under: Any thrift plan, savings plan, pen…

Sec. 45a-473. (Formerly Sec. 45-83). Bonds of testamentary trustees. Section 45a-473 is repealed, effective January 1, 2020. (1949 Rev., S. 6887; P.A. 80-227, S. 13, 24; 80-476, S. 213; P.A. 82-472, S. 162, 183; P.A. 19-137, S. 123.)

Sec. 45a-474. (Formerly Sec. 45-84). Vacancies in office of trustee. When a will, trust agreement or other instrument establishing a trust fails to provide for the contingency of the trustee's refusal to accept the trust or the trustee's resignation, death or incapacity, the Prob…

Sec. 45a-475. (Formerly Sec. 45-85). Filling of vacancy in town or county trusteeship. Duties of town's successor trustee. (a) Whenever the trustee of any trust for the use or benefit of any town or county or for the citizens of any town or county, as such, dies or becomes incapa…

Sec. 45a-476. (Formerly Sec. 45-86). Legal title vests in trustee appointed to fill vacancy. When the legal title to any property has vested in a trustee and the trusteeship has become vacant, such legal title shall vest in his successor immediately upon his appointment and quali…

Sec. 45a-477. (Formerly Sec. 45-90). Jurisdiction of Probate Court over trusts administered outside of this state. Any one or more of the beneficiaries of a trust that is administered outside of this state who are residents of this state may petition the Probate Court specified i…

Sec. 45a-478. (Formerly Sec. 45-87). Appointment of trustee when person has disappeared. Trustee's rights and duties. Procedure if person reappears. (a) When any person having property has disappeared so that after diligent search his whereabouts cannot be ascertained, the court …

Sec. 45a-479. (Formerly Sec. 45-92). Suspension of fiduciary powers during armed forces service. (a) When any fiduciary of any trust other than a testamentary trust is engaged in service in the armed forces, as defined in section 27-103, which prevents his giving the necessary at…

Sec. 45a-480. (Formerly Sec. 45-91). Income from property acquired by trustee by conveyance or foreclosure when mortgage formerly held by trustee. In any case in which a trustee holds a mortgage upon property for the benefit of one or more tenants for life or limited term, with r…

Sec. 45a-481. (Formerly Sec. 45-93). Distribution by testamentary trustee upon completion of trust. The trustee of any testamentary trust which has terminated may, unless the will creating the trust otherwise directs, after settling his final account, deliver the property remaini…

Sec. 45a-482. (Formerly Sec. 45-93a). Distribution of assets of inoperative trust. When the facts at the time of distribution from an estate to a trust or from a testamentary trust to a successive trust are such that no trust would be operative under the terms of the instrument c…

Sec. 45a-483. (Formerly Sec. 45-94). Settlement of trust estate when beneficiary has been absent seven years. The trustee of any trust for the benefit of any person who has been absent from his home and unheard of for seven years or more may settle his account as such trustee in …

Sec. 45a-484. (Formerly Sec. 45-79c). Termination of small trusts. Section 45a-484 is repealed, effective January 1, 2020. (P.A. 88-95; P.A. 94-98, S. 9; P.A. 03-183, S. 1; P.A. 13-81, S. 7; P.A. 19-137, S. 123.)

Sec. 45a-485. Superior Court or Probate Court jurisdiction to reform instrument to ensure allowance of marital deduction. (a) If any marital deduction would not be allowed by reason of Section 2056(d)(1) of the Internal Revenue Code of 1986 with respect to any interest in propert…

Sec. 45a-486. Termination of inter vivos trust when settlor or spouse is an applicant for or recipient of medical assistance. (a) The provisions of this section shall apply to an inter vivos trust (1) established or funded on or after October 1, 1992; (2) established or funded wi…

Secs. 45a-487 to 45a-487f. Powers of trustees who are trust beneficiaries. Beneficiary interests in trust matters: Definitions. Representation by holder of power of appointment. Representation by court-appointed conservator or guardian, agent, trustee, executor or administrator, …

Secs. 45a-487g to 45a-487i. Reserved for future use.

Sec. 45a-487j. Short title: “Connecticut Qualified Dispositions in Trust Act”. This section and sections 45a-487k to 45a-487s, inclusive, may be cited as the “Connecticut Qualified Dispositions in Trust Act”. (P.A. 19-137, S. 99.) History: P.A. 19-137 effective January 1, 2020.

Sec. 45a-487k. Definitions. As used in this section and sections 45a-487l to 45a-487s, inclusive: (1) “Claim” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, e…

Sec. 45a-487l. Appointment of trust director by transferor. (a) Nothing in sections 45a-487j to 45a-487s, inclusive, shall be construed to preclude a transferor from appointing one or more trust directors, including, but not limited to: (1) Trust directors who have authority unde…

Sec. 45a-487m. Qualified trustee; successor. Disposition to more than one trustee. Disposition by trustee who is not qualified. (a) If a qualified trustee of a trust ceases to meet the requirements of subparagraph (A) of subdivision (9) of section 45a-487k and no remaining truste…

Sec. 45a-487n. Irrevocability of trust instrument. For purposes of subparagraph (B) of subdivision (10) of section 45a-487k, a trust instrument is irrevocable regardless of whether the transferor retained any of the following rights, powers and interests: (1) A transferor's power…

Sec. 45a-487o. No retained interest of transferor. A qualified disposition shall be subject to sections 45a-487j to 45a-487s, inclusive, notwithstanding a transferor's retention of any of the powers and rights described in section 45a-487n and the transferor's service as investme…

Sec. 45a-487p. Avoidance of qualified dispositions. (a) Notwithstanding any provision of the general statutes, no action of any kind, including, without limitation, an action to enforce a judgment entered by a court or other body having adjudicative authority, shall be brought at…

Sec. 45a-487q. Persons not subject to qualified dispositions. Notwithstanding the provisions of section 45a-487p, sections 45a-487j to 45a-487s, inclusive, shall not apply to defeat a claim brought by: (1) A person to whom the transferor is indebted on or before the date of a qua…

Sec. 45a-487r. Effect of avoidance of qualified dispositions. (a) A qualified disposition shall be avoided only to the extent necessary to satisfy the transferor's debt to the creditor at whose instance the disposition had been avoided, together with any costs, including attorney…

Sec. 45a-487s. Applicability of sections 45a-487k to 45a-487r to qualified dispositions. The provisions of this section and sections 45a-487k to 45a-487r, inclusive, apply to qualified dispositions made on or after January 1, 2020. (P.A. 19-137, S. 108.) History: P.A. 19-137 effe…

Sec. 45a-487t. Applicability of rules. (a) Except as otherwise provided in sections 45a-487j to 45a-487s, inclusive, and 45a-499a to 45a-500s, inclusive, on January 1, 2020, the following rules apply: (1) Sections 45a-487j to 45a-487s, inclusive, and 45a-499a to 45a-500s, inclusi…

Sec. 45a-488. Division of trust for benefit of beneficiaries. Approval by beneficiaries required. Section 45a-488 is repealed, effective January 1, 2020. (P.A. 95-82; P.A. 01-195, S. 25, 181; P.A. 19-137, S. 123.)

Sec. 45a-489. Title and beneficial interest in property held in trust not merged nor trust invalidated, when. (a) The legal title to and the beneficial interest in property that is held in trust are not merged, nor is a trust invalidated, because any person, including the settlor…

Sec. 45a-489a. Trust to provide for care of animal: Creation. Administration. Jurisdiction. Termination. (a) A testamentary or inter vivos trust may be created to provide for the care of an animal or animals alive during the settlor's or testator's lifetime. The trust shall termi…

Sec. 45a-490. Short title: Uniform Statutory Rule Against Perpetuities. Sections 45a-490 to 45a-496, inclusive, may be cited as the “Uniform Statutory Rule Against Perpetuities”. (P.A. 89-44, S. 1.)

Sec. 45a-491. Statutory rule against perpetuities. (a) A nonvested property interest is invalid unless: (1) When the interest is created, it is certain to vest or terminate no later than twenty-one years after the death of an individual then alive; or (2) the interest either vest…

Sec. 45a-492. When nonvested property interest or power of appointment created. (a) Except as provided in subsections (b) and (c) of this section and in subsection (a) of section 45a-495, the time of creation of a nonvested property interest or a power of appointment is determine…

Sec. 45a-493. Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety years allowed by subdivision (2) of subsection (a), (b) …

Sec. 45a-494. Exclusions from statutory rule against perpetuities. The provisions of section 45a-491 do not apply to: (1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment …

Sec. 45a-495. Prospective application. (a) Except as extended by subsection (b) of this section, sections 45a-490 to 45a-496, inclusive, apply to a nonvested property interest or a power of appointment that is created on or after October 1, 1989. For purposes of this section, a n…

Sec. 45a-496. Uniformity of application and construction. Sections 45a-490 to 45a-496, inclusive, shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of said sections among states enacting them. (P.A. 89-44, S. 7.…

Secs. 45a-497 to 45a-499. Reserved for future use. PART IIa CONNECTICUT UNIFORM TRUST CODE

Sec. 45a-499a. Short title: Connecticut Uniform Trust Code. This section and sections 45a-499b to 45a-500s, inclusive, may be cited as the “Connecticut Uniform Trust Code”. (P.A. 19-137, S. 1.) History: P.A. 19-137 effective January 1, 2020.

Sec. 45a-499aa. Creation of trust induced by fraud, duress or undue influence. A trust or a provision of a trust is void to the extent its creation was induced by fraud, duress or undue influence. (P.A. 19-137, S. 27.) History: P.A. 19-137 effective January 1, 2020.

Sec. 45a-499aaa. Duty to administer trust. Upon acceptance of a trusteeship, the trustee shall administer the trust (1) in good faith; (2) in accordance with its terms and purposes, settlor's intent and the interests of the beneficiaries; and (3) in accordance with sections 45a-4…

Sec. 45a-499b. Scope. (a) Sections 45a-499a to 45a-500s, inclusive, apply to express trusts, whether testamentary or inter vivos, and to trusts created pursuant to a statute, judgment or decree that requires the trust to be administered in the manner of an express trust. (b) Exce…

Sec. 45a-499bb. Evidence of oral trust. Except as required by any provision of the general statutes other than sections 45a-487j to 45a-487t, inclusive, and 45a-499a to 45a-500s, inclusive, a trust need not be evidenced by a written trust instrument, but the creation and terms of…

Sec. 45a-499bbb. Duty of loyalty. (a) A trustee shall administer trust assets solely in the interests of the beneficiaries consistent with the settlor's intent. (b) Subject to the rights of persons dealing with or assisting the trustee as provided in section 45a-499yyy, a sale, e…

Sec. 45a-499c. Definitions. As used in this chapter: (1) “Action”, with respect to an act of a trustee, includes a failure to act. (2) “Ascertainable standard” means a standard relating to an individual's health, education, support or maintenance within the meaning of Section 204…

Sec. 45a-499cc. Noncharitable trust without ascertainable beneficiary. Except as otherwise provided in the general statutes, the following rules apply to a trust created pursuant to this section: (1) A trust may be created for a noncharitable purpose without a definite or definit…

Sec. 45a-499ccc. Impartiality. If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing and distributing the trust property, giving due regard to the beneficiaries' respective interests. (P.A. 19-137, S. 55.) History: P.A. 19-137 effectiv…

Sec. 45a-499d. Knowledge. (a) Subject to subsection (b) of this section, for the purposes of sections 45a-499a to 45a-500s, inclusive, a person has knowledge of a fact if the person (1) has actual knowledge of the fact; (2) has received a notice or notification of the fact; or (3…