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

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…

Sec. 45a-517. (Formerly Sec. 45-82). Community trustees to render annual accounts. Hearing on adjustment and allowance. (a) The trustee or trustees of any charitable community trust shall annually render an account signed under penalty of false statement to the court of probate f…

Sec. 45a-519. (Formerly Sec. 45-79a). Superior Court or Probate Court jurisdiction to reform instruments to federal tax requirements. (a) If any deduction under Section 170, Section 2055 or Section 2522 of the Internal Revenue Code of 1986 is not allowable with respect to any int…

Sec. 45a-520. (Formerly Sec. 45-79b). Termination of charitable trusts. (a) As used in this section: (1) “Charitable beneficiary” and “charitable entity” include, without limitation, towns, ecclesiastical society and cemetery associations owning or controlling the operation of a …

Sec. 45a-521. Superior Court or Probate Court jurisdiction to reform charitable remainder unitrust re payment. (a) Upon a petition filed within the period specified in 26 CFR 1.664-3, by a trustee of a charitable remainder unitrust, the Superior Court, or a Probate Court specifie…

Secs. 45a-522 to 45a-525. Reserved for future use. PART V CONNECTICUT UNIFORM PRUDENT MANAGEMENTOF INSTITUTIONAL FUNDS ACT

Secs. 45a-526 to 45a-529. (Formerly Secs. 45-100h to 45-100k). Short title: Uniform Management of Institutional Funds Act. Definitions. Expenditure of net appreciation, standards. Exception and restriction on expenditure of net appreciation; construction. Sections 45a-526 to 45a-…

Secs. 45a-529a and 45a-529b. Accumulation of annual net income, standards. Exception and restriction on accumulation of annual net income; construction. Sections 45a-529a and 45a-529b are repealed, effective April 29, 2008. (P.A. 93-189, S. 2, 3; P.A. 08-6, S. 4.)

Secs. 45a-530 to 45a-534. (Formerly Secs. 45-100l to 45-100p). Investment of institutional funds. Delegation of powers of investment. Standards applicable to actions of governing board. Release of restriction in gift instrument: Written consent, court order; limitations; doctrine…

Sec. 45a-535. Short title: Uniform Prudent Management of Institutional Funds Act. Sections 45a-535 to 45a-535i, inclusive, may be cited as the “Uniform Prudent Management of Institutional Funds Act”. (P.A. 07-91, S. 28.)

Sec. 45a-535a. Definitions. As used in sections 45a-535 to 45a-535i, inclusive, unless the context otherwise requires: (1) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of governmental purposes a…

Sec. 45a-535b. Standard of conduct in managing and investing institutional funds. (a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and th…

Sec. 45a-535c. Appropriation for expenditure or accumulation of endowment fund. Factors in making a determination to appropriate or accumulate. Rules of construction. (a) Subject to the intent of a donor expressed in a gift instrument, an institution may appropriate for expenditu…

Sec. 45a-535d. Delegation of management and investment of institutional fund. (a) Subject to any specific limitation set forth in a gift instrument or in law other than sections 45a-535 to 45a-535i, inclusive, an institution may delegate to an external agent the management and in…

Sec. 45a-535e. Release or modification of restrictions contained in gift instrument on management, investment or purpose of institutional fund. (a) With the donor's consent in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift i…