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

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; …

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…