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

Sec. 45a-545a. Short title: Connecticut Uniform Trust Decanting Act. The provisions of this section and sections 45a-545b to 45a-545cc, inclusive, may be cited as the “Connecticut Uniform Trust Decanting Act”. (P.A. 24-104, S. 1.) History: P.A. 24-104 effective January 1, 2025.

Sec. 45a-545aa. Obligations. A debt, liability or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power. (P.A. 24-104, S. 27.) History: P.A. 24-104 …

Sec. 45a-545b. Definitions. As used in this section and sections 45a-545c to 45a-545cc, inclusive: (1) “Appointive property” means the property or property interest subject to a power of appointment. (2) “Ascertainable standard” has the same meaning as provided in section 45a-499…

Sec. 45a-545bb. Uniformity of application and construction. In applying and construing the provisions of the Connecticut Uniform Trust Decanting Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that ena…

Sec. 45a-545c. Scope. (a) Except as provided in subsections (b) to (e), inclusive, of this section, sections 45a-545a to 45a-545cc, inclusive, apply to an express trust that is irrevocable, whether testamentary or inter vivos, or revocable by the settlor only with the consent of …

Sec. 45a-545cc. Relation to Electronic Signatures in Global and National Commerce Act. Sections 45a-545a to 45a-545cc, 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 …

Sec. 45a-545d. Fiduciary duty. (a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust. (b) Sections 45a-545a to 45a-545cc, inclusive, do not cre…

Sec. 45a-545e. Application; governing law. Sections 45a-545a to 45a-545cc, inclusive, apply to any trust whether established before, on or after January 1, 2025, that: (1) Has its principal place of administration in this state, including a trust whose principal place of administ…

Sec. 45a-545f. Reasonable reliance. A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under sections 45a-545a to 45a-545cc, inclusive, law of this state othe…

Sec. 45a-545g. Notice; exercise of decanting power. (a) Except as provided in sections 45a-545a to 45a-545cc, inclusive, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval. (b) Except as provided in subsection (d)…

Sec. 45a-545h. Representation. (a) Notice to a person with authority to represent and bind another person under a first-trust instrument or the Connecticut Uniform Trust Code has the same effect as notice given directly to the person represented. (b) Consent of or waiver by a per…

Sec. 45a-545i. Court involvement. (a) Upon a petition by an authorized fiduciary, a person entitled to notice under subsection (b) of section 45a-545g, a beneficiary or, with respect to a charitable interest the Attorney General or other person that has standing to enforce the ch…

Sec. 45a-545j. Formalities. An exercise of the decanting power shall be made in a record signed by an authorized fiduciary. The signed record shall, directly or by reference to the notice required by section 45a-545g, identify the first trust and the second trust or trusts and st…

Sec. 45a-545k. Decanting power under expanded distributive discretion. (a) Subject to subsection (b) of this section and section 45a-545n, an authorized fiduciary that has expanded distributive discretion over the principal of a first trust for the benefit of one or more current …

Sec. 45a-545l. Decanting power under limited distributive discretion. (a) As used in this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard. (b) An authorized fiduc…

Sec. 45a-545m. Trust for beneficiary with disability. (a) As used in this section: (1) “Beneficiary with a disability” means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the benef…

Sec. 45a-545n. Protection of charitable interest. Responsibilities of Attorney General. (a) As used in this section: (1) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a spec…

Sec. 45a-545o. Trust limitation on decanting. (a) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of: (1) The decanting power; or (2) a power granted by state law to the fiduciary to distribute par…

Sec. 45a-545p. Change in compensation. (a) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless: (1) All qualified benefici…

Sec. 45a-545q. Relief from liability and indemnification. (a) Except as provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument. (b) A second-trust instrumen…

Sec. 45a-545r. Removal or replacement of authorized fiduciary. An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless: (1) The person holding the power …

Sec. 45a-545s. Tax-related limitations. (a) As used in this section: (1) “Grantor trust” means a trust as to which a settlor of a first trust is considered the owner under Sections 671 to 677, inclusive, and Section 679 of the Internal Revenue Code of 1986, or any subsequent corr…

Sec. 45a-545t. Duration of second trust. (a) Subject to subsection (b) of this section and section 45a-545n, a second trust may have a duration that is the same as or different from the duration of the first trust. (b) To the extent that property of a second trust is attributable…

Sec. 45a-545u. Need to distribute not required. An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made, or could have been compelled to make, a discretionary distribution of…

Sec. 45a-545v. Saving provision. (a) If exercise of the decanting power would be effective under sections 45a-545a to 45a-545cc, inclusive, except that the second-trust instrument in part does not comply with sections 45a-545a to 45a-545cc, inclusive, the exercise of the power is…

Sec. 45a-545w. Trust for care of animal. (a) As used in this section: (1) “Animal trust” means a trust or an interest in a trust created to provide for the care of one or more animals. (2) “Protector” means a person appointed in an animal trust to enforce the trust on behalf of t…

Sec. 45a-545x. Terms of second trust. Any reference in the Connecticut Uniform Trust Code to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust. (P.A. 24-104, S. 24.) History: P.A. 24-104 effective January 1, 2025.

Sec. 45a-545y. Settlor. (a) For purposes of the law of this state other than sections 45a-545a to 45a-545cc, inclusive, and subject to subsection (b) of this section, a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the pri…

Sec. 45a-545z. Later-discovered property. (a) Except as provided in subsection (c) of this section, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first tr…

Secs. 45a-546 to 45a-556. (Formerly Secs. 45-101 to 45-109b). Definitions. Methods of making gifts. Gift, devise or bequest to be irrevocable. Rights and powers granted custodian, issuers, transfer agents, brokers. Powers and duties of custodian. Reimbursement of custodian. Respo…

Sec. 45a-557. Short title: Connecticut Uniform Transfers to Minors Act. Sections 45a-557 to 45a-560b, inclusive, may be cited as the “Connecticut Uniform Transfers to Minors Act”. (P.A. 95-117, S. 1.)

Sec. 45a-557a. Definitions. For purposes of sections 45a-557 to 45a-560b, inclusive: (1) “Adult” means an individual who has attained the age of twenty-one years. (2) “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities f…

Sec. 45a-557b. Scope and jurisdiction. (a) Sections 45a-557 to 45a-560b, inclusive, apply to a transfer that refers to said sections in the designation under subsection (a) of section 45a-558f by which the transfer is made if at the time of the transfer, the transferor, the minor…

Sec. 45a-558. Nomination of custodian. (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by na…

Sec. 45a-558a. Transfer by gift or exercise of power. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 45a-558f. (P.A. 95-117, S. 5.)

Sec. 45a-558b. Transfer authorized by will or trust. (a) A personal representative or trustee may make an irrevocable transfer pursuant to section 45a-558f to a custodian for the benefit of a minor as authorized in the governing will or trust. (b) If the testator or settlor has n…

Sec. 45a-558c. Other transfer by fiduciary. (a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 45a-558f, in the absence …

Sec. 45a-558d. Transfer by obligor. (a) Subject to subsections (b) and (c) of this section, a person not subject to section 45a-558b or 45a-558c who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for th…

Sec. 45a-558e. Receipt for custodial property. A written acknowledgment of delivery by a custodian constitutes a sufficient release and discharge for custodial property transferred to the custodian pursuant to sections 45a-557 to 45a-560b, inclusive. (P.A. 95-117, S. 9.)

Sec. 45a-558f. Creation and transfer of custodial property. Designation of initial custodian. Control. (a) Custodial property is created and a transfer is made whenever: (1) An uncertificated security or a certificated security in registered form is either: (A) Registered in the …

Sec. 45a-558g. Single guardianship. A transfer may be made for only one minor, and only one person may be the custodian. All custodial property held under sections 45a-557 to 45a-560b, inclusive, by the same custodian for the benefit of the same minor constitutes a single custodi…

Sec. 45a-558h. Validity and effect of transfer. (a) The validity of a transfer made in a manner prescribed in sections 45a-557 to 45a-560b, inclusive, is not affected by: (1) Failure of the transferor to comply with subsection (c) of section 45a-558f concerning possession and con…

Sec. 45a-558i. Care and control of custodial property. (a) A custodian shall: (1) Take control of custodial property; (2) register or record title to custodial property if appropriate; and (3) collect, hold, manage, invest and reinvest custodial property. (b) In dealing with cust…

Sec. 45a-558j. Powers of custodian. (a) A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property including, to the extent applicable and consistent with sections 45a-557 …

Sec. 45a-558k. Use of custodial property. Distribution to a trust. (a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order an…

Sec. 45a-559. Custodian's expenses, compensation and bond. (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one who is a transferor under section 45a-558a, a custodia…