reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468g. - Ownership on death of owner.

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
(P.A. 97-42, S. 7.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468h. - Protection of registering entity.

(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by sections 45a-468 to 45a-468m, inclusive, and section 45a-369. No registering entity shall accept a request from an owner of a security for registration in beneficiary form unless such request is in writing.
(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in sections 45a-468 to 45a-468m, inclusive, and section 45a-369.
(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with section 45a-468g and does so in good faith reliance (1) on the registration, (2) on sections 45a-468 to 45a-468m, inclusive, and section 45a-369, and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of sections 45a-468 to 45a-468m, inclusive, and section 45a-369 do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under said sections.
(d) The protection provided by sections 45a-468 to 45a-468m, inclusive, and section 45a-369 to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
(P.A. 97-42, S. 8.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468i. - Nontestamentary transfer on death.

(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and is not testamentary.
(b) Sections 45a-468 to 45a-468m, inclusive, and section 45a-369 do not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
(P.A. 97-42, S. 9.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468j. - Terms, conditions and forms for registration.

A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (1) for registrations in beneficiary form, and (2) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes”. This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
(P.A. 97-42, S. 10.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468k. - Taxable transfer.

Whenever any security is registered in beneficiary form, the right of any beneficiary to the immediate ownership of any such security shall be a taxable transfer for the purposes of chapter 216.
(P.A. 97-42, S. 11.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468l. - Liability of beneficiary.

When any security registered in beneficiary form has been transferred to a beneficiary of a deceased owner, any such beneficiary shall be liable to the personal representative of the deceased owner for securities so registered or their proceeds pursuant to section 45a-368 for the payment of claims, taxes and expenses of administration against the estate of the decedent, to the extent such claims, taxes and expenses of administration remain unpaid after the application of the other assets of the deceased, provided such liability shall not exceed the value of any such security at the time of the death of the deceased owner divided by the number of beneficiaries.
(P.A. 97-42, S. 12.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802b - Decedents' Estates: › Section 45a-468m. - Applicability.

Sections 45a-468 to 45a-468m, inclusive, and section 45a-369 apply to registrations of securities in beneficiary form made before or after October 1, 1997, by decedents dying on or after October 1, 1997.
(P.A. 97-42, S. 15.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 Probate Court specified in section 45a-499p may, on the happening of any such contingency, appoint some suitable person to fill such vacancy, taking from such suitable person a probate bond, unless in the case of a will it is otherwise provided therein. The court may appoint a successor trustee of an inter vivos trust before such contingency has occurred if the court finds that a vacancy in the office of trustee is likely to occur. The court shall specify the conditions that the successor trustee of such inter vivos trust must satisfy before becoming trustee. In the event of a vacancy in the office of trustee of such inter vivos trust, the successor trustee may assume the office immediately upon satisfying the conditions set forth in the court's order without further court action.
(1949 Rev., S. 6888; P.A. 80-476, S. 214; P.A. 15-217, S. 26; P.A. 19-137, S. 114.)
History: P.A. 80-476 rephrased provisions and substituted “proceeds” for “avails”; Sec. 45-84 transferred to Sec. 45a-474 in 1991; P.A. 15-217 restructured existing provisions re Probate Court authority to appoint successor trustee when 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, added provision re Probate Court authority to appoint successor trustee of inter vivos trust and made a technical change; P.A. 19-137 replaced existing provision re Probate Court district with “specified in section 45a-499p”, made a technical change and deleted “, in which case the provisions of section 45a-473 shall apply”, effective January 1, 2020.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Annotations to former section 45-84:
Testator impliedly has power to provide manner of filling vacancies. 54 C. 325; 69 C. 708; 84 C. 499. Power to appoint trustees concurrent with Superior Court. 60 C. 325; 92 C. 473. Does not extend to trust involving personal discretion. 82 C. 198; 83 C. 654. Successor cannot exercise purely discretionary powers given to original trustee. 90 C. 461. Legal incapacity of corporation to accept fund for charitable purposes requires appointment of trustee. Id., 592. Refusal of trustee to act requires appointment of another. 67 C. 237; 71 C. 122; 74 C. 599. If validity of trust is doubtful, Probate Court should appoint. 77 C. 705. Trustee who has been superseded by another is not a proper party to action de fund. 91 C. 446. Trust will not be allowed to fail for want of a trustee. 106 C. 623. Cited. 132 C. 104; 140 C. 124.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 incapacitated or resigns or refuses to act, and no provision is made for such contingency by the instrument creating such trust, the treasurer of such town on behalf of the town or the State Treasurer on behalf of the county shall thereupon become such trustee, and such treasurer and his successors in office shall act as such trustee, provided the town treasurer shall secure such bond as the selectmen from time to time prescribe.
(b) (1) When any town treasurer acts as such trustee, he shall include in his annual statement a report in detail of his account as such trustee, including a list of the securities on hand, the price and date of purchase of all securities purchased since his last statement, the amount, date and source of each item of income received and the names of all banks and depositaries where such trust money is deposited with the amount on deposit in each bank or depositary. (2) Such trust funds held by a town treasurer shall be invested only in the manner prescribed by section 45a-203, unless otherwise directed by vote of a town meeting. (3) All property so held in trust by a town treasurer shall at all times be open to the inspection of the selectmen and to the inspection of the person or persons appointed under the provisions of section 7-392 to audit the accounts of the town.
(c) The provisions of section 45a-474 shall not apply to the trusts specified in this section.
(1949 Rev., S. 6889; 1959, P.A. 152, S. 63; P.A. 80-476, S. 215.)
History: 1959 act deleted all references to county government and empowered state treasurer to act for county as trustee; P.A. 80-476 divided section into Subsecs. and made minor wording changes, i.e. deleting “such” in Subsec. (b) in most instances of its occurrence; Sec. 45-85 transferred to Sec. 45a-475 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 qualification. A certificate of the successor's appointment, duly made and recorded in the land records of the town in which the property is situated, shall be evidence that such legal title is vested in the successor trustee.
(1949 Rev., S. 6890; P.A. 80-476, S. 216.)
History: P.A. 80-476 rephrased provisions and substituted “property” for “estate”; Sec. 45-86 transferred to Sec. 45a-476 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 of probate in the district in which he resided or had his domicile at the time of his disappearance or, if such person resided outside of this state, then in the district in which any of his property is situated, upon the application of the spouse, or a relative, creditor or other person interested in the property of such person, or the selectmen of the town where such person last resided, or in which such property is situated, shall, after public notice and a hearing thereon, appoint a trustee of the property of such person.
(b) Diligent search shall be deemed to have been made for any person who has disappeared while serving with the armed forces when such person has been reported or listed as missing, missing in action, interned in a neutral country or beleaguered, besieged or captured by an enemy.
(c) Such trustee, upon giving a probate bond, shall have charge of such property, and he shall have the same powers, duties and obligations as a conservator of the estate of an incapable person. With the approval of the court of probate, such trustee may use any portion of the income or principal of such property for the support of the spouse and minor children of such person.
(d) Upon its own motion or upon the application of any interested person, the court of probate may, after public notice and a hearing thereon, remove, discharge, require an accounting from, or appoint a successor to, such trustee.
(e) The court of probate may continue such trustee in office until satisfactory proof of the death of such person is furnished, until proceedings are taken to settle his estate on the presumption of his death under the provisions of section 45a-329, or for a period of seven years from the time of the disappearance of such person if he remains unheard of.
(f) In case of the reappearance of such person, the court of probate shall, on his application, after hearing and public notice thereof, order the restoration of such property to the person entitled thereto and the discharge of such trustee, after acceptance of the trustee's account.
(1949 Rev., S. 6892; 1953, S. 2909d; P.A. 80-476, S. 218.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-87 transferred to Sec. 45a-478 in 1991.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 attention to his duties as the fiduciary, the Superior Court, upon petition of the fiduciary or any person interested in such estate, may, upon such notice as said court deems suitable and after hearing, order the suspension of the powers and duties of the fiduciary for the period of such service and until the further order of said court.
(b) The Superior Court may appoint a substitute fiduciary to serve for the period of suspension whether or not there remains any fiduciary to exercise the powers and duties of the fiduciary who is in such service. Said court may decree that the ownership and title to the trust res shall vest in the substitute fiduciary or cofiduciary or both and that the duties and such of the powers and discretions as are not personal to the fiduciary may be exercised by the cofiduciary or substitute fiduciary and may make such further orders as said court deems advisable for the proper protection of such fund or estate.
(c) The rules of court with respect to judgments under the Selective Service Act shall not apply to actions under this section.
(d) Upon a petition therefor, the court may order the reinstatement of the fiduciary when his service in the armed forces has terminated.
(1949 Rev., S. 6897; 1957, P.A. 163, S. 40; P.A. 80-476, S. 219.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-92 transferred to Sec. 45a-479 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 remainder over to another or others, and such trustee acquires title to such property by conveyance or foreclosure, such acquired property shall be a principal asset in lieu of such mortgage, and such tenant or tenants for life or limited term shall be entitled to the net income from such acquired property from the date of its acquisition.
(1949 Rev., S. 6896; P.A. 80-476, S. 220.)
History: P.A. 80-476 deleted “and become” preceding “a principal asset”; Sec. 45-91 transferred to Sec. 45a-480 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 remaining in his hands to the remainderman upon the order of the Probate Court, without returning the same to the estate of the decedent.
(1949 Rev., S. 6886.)
History: Sec. 45-93 transferred to Sec. 45a-481 in 1991.
Annotation to former section 45-93:
Power and duty of Probate Court to determine all issues involved in ascertainment of money or property that trustee is bound to pay or deliver to the person entitled. 121 C. 391.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 creating such trust or successive trust because of the death of the life tenant, or because the beneficiary has reached a stipulated age, or if such trust would qualify for termination under section 45a-499ii, or for any other reason, the fiduciary of such estate or prior trust may distribute, with the approval of the court of probate having jurisdiction, directly from the estate or prior trust to the remaindermen of such trust, the corpus of such trust and any income earned during the period of estate administration or administration of the prior trust and distributable to such remaindermen, without the interposition of the establishment of such trust or successive trust. If distribution is based on the fact that the trust would qualify for termination under section 45a-499ii, reasonable notice shall be provided to all beneficiaries who are known and in being and who have vested or contingent interests in the trust.
(P.A. 73-250; P.A. 80-476, S. 221; P.A. 96-255, S. 1; P.A. 19-137, S. 116.)
History: P.A. 80-476 rephrased provisions; Sec. 45-93a transferred to Sec. 45a-482 in 1991; P.A. 96-255 amended section to provide for distribution if trust would qualify for termination under Sec. 45a-484 and require notice to all beneficiaries in such case; P.A. 19-137 replaced references to Sec. 45a-484 with references to Sec. 45a-499ii, effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 the court of probate having jurisdiction thereof. Upon the order of the court, the trustee shall distribute such trust estate to the persons entitled to the remainder thereof as determined by the court, and the trustee shall not thereafter be liable to any such absent beneficiary, his heirs, executors, administrators or assigns in any action for such trust estate or any interest therein or income thereof. A person shall not be entitled to receive any portion of such estate from the trustee until such person has filed in the court of probate a bond with surety to the acceptance of the court, payable to the state, conditioned to return such trust estate to the trustee or his successor on the reappearance of the person presumed to be dead within thirteen years from the date of such order authorizing distribution. After the expiration of such thirteen-year period, such person entitled to the remainder shall not be liable to any such absent beneficiary, his heirs, executors, administrators or assigns in any action for such trust estate or any interest therein or income thereof.
(1949 Rev., S. 6891; P.A. 80-476, S. 222.)
History: P.A. 80-476 rephrased provisions; Sec. 45-94 transferred to Sec. 45a-483 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 property passing under any will, trust agreement or other governing instrument because such interest fails to comply with the requirements of Sections 2056(d)(2)(A) and 2056A(a) of said code, the Superior Court, or a Probate Court specified in section 45a-499p, shall have jurisdiction over any action brought to reform such will, trust agreement or other governing instrument to comply with those requirements so as to allow a marital deduction under Section 2056(a) of said code. All references contained in this section to any section of the Internal Revenue Code of 1986 mean that section of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.
(b) The Superior Court or the Probate Court are empowered to reform any such will, trust agreement or other governing instrument described in subsection (a) of this section to the extent necessary to ensure the allowance of the marital deduction described in said subsection.
(c) Any reformation of any will, trust agreement or other governing instrument in accordance with the provisions of this section shall be effective whether or not a disclaimer has been filed within the period specified in sections 45a-578 to 45a-585, inclusive.
(d) This section shall be applicable to any action commenced to reform any such will, trust agreement or other governing instrument created by a decedent dying on or after November 10, 1988.
(P.A. 91-214; May Sp. Sess. P.A. 92-11, S. 33, 70; P.A. 98-219, S. 6; P.A. 19-137, S. 117.)
History: May Sp. Sess. P.A. 92-11 amended Subsec. (a) to delete redundant language re any subsequent corresponding internal revenue code of the United States; P.A. 98-219 amended Subsecs. (a) and (b) re jurisdiction of Probate Court to reform instrument to ensure allowance of marital deduction if instrument is otherwise subject to jurisdiction of Probate Court; P.A. 19-137 amended Subsec. (a) by replacing provision re trust or estate subject to Probate Court jurisdiction with “Probate Court specified in section 45a-499p” and made technical changes in Subsecs. (a), (b) and (c), effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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, or parent. Representation of minor, incapacitated or unborn individual or person whose identity or location is unknown. Appointment of guardian ad litem by court, when; powers. Notice and consent re representation and binding another person.

Sections 45a-487 to 45a-487f, inclusive, are repealed, effective January 1, 2020.
(P.A. 95-315, S. 1, 2; P.A. 01-69, S. 1–6; P.A. 06-196, S. 275; P.A. 07-116, S. 7; P.A. 19-137, S. 123.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 under the terms of the trust instrument to remove and appoint qualified trustees or trust directors; and
(2) Trust directors who have authority under the terms of the trust instrument to direct, consent to or disapprove distributions from the trust.
(b) A transferor may serve as trust director, but the power of a trust director, who is the transferor shall be limited to the retention of the veto right permitted by subdivision (1) of section 45a-487n.
(c) For purposes of this section, “trust director” includes a trust director, as defined in section 45a-499c, a trust protector, a trust advisor or any other person who, in addition to a qualified trustee, holds one or more trust powers.
(P.A. 19-137, S. 101.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 trustee meets the requirements of said subparagraph, the qualified trustee shall be deemed to have resigned at the time of the cessation and the successor qualified trustee provided for in the trust instrument shall become a qualified trustee of the trust. In the absence of any successor qualified trustee provided for in the trust agreement, the court may, upon application of any interested party, appoint a successor qualified trustee.
(b) In the case of a disposition to more than one trustee, at least one of whom is a qualified trustee, a disposition that is otherwise a qualified disposition shall not be treated as other than a qualified disposition solely because not all of the trustees are qualified trustees.
(c) A trustee of a trust who is not a qualified trustee may transfer the assets of a trust to a qualified trustee. Notwithstanding the provisions of subparagraph (A) of subdivision (9) of section 45a-487k, a disposition by a trustee who is not a qualified trustee to a trustee who is a qualified trustee will not fail to qualify as a qualified disposition solely because the trust instrument does not contain an express provision that the laws of this state govern the validity, construction and administration of the trust.
(P.A. 19-137, S. 102.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 investment director or advisor pursuant to section 45a-487l. The transferor shall have only such powers and rights as are conferred by the trust instrument. Except as provided in the trust instrument, and permitted by section 45a-487l and in section 45a-487n, a transferor has no rights or authority with respect to the property that is the subject of a qualified disposition or the income therefrom, and any agreement or understanding purporting to grant or permit the retention of any greater rights or authority is void.
(P.A. 19-137, S. 104.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 qualified disposition on account of an agreement or order of court for payment of support or alimony in favor of the transferor's spouse, former spouse or children, or for a division or distribution of property in favor of the transferor's spouse or former spouse, but only to the extent of the debt; or
(2) To any person who suffers death, personal injury or property damage on or before the date of a qualified disposition by a transferor, which death, personal injury or property damage is at any time determined to have been caused, in whole or in part, by the tortious act or omission of the transferor or by another person for whom the transferor is or was vicariously liable, but only to the extent of the claim against the transferor or other person for whom the transferor is or was vicariously liable.
(P.A. 19-137, S. 106.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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's fees, that the court may allow.
(b) If any qualified disposition is avoided pursuant to subsection (a) of this section, the following rules apply:
(1) If the court is satisfied that the trustee has not acted in bad faith in accepting or administering the property that is the subject of the qualified disposition:
(A) The trustee has a first and paramount lien against the property that is the subject of the qualified disposition in an amount equal to the entire cost, including attorney's fees, properly incurred by the trustee in the defense of the action or proceedings to avoid the qualified disposition;
(B) The qualified disposition shall be avoided subject to the proper fees, costs, preexisting rights, claims and interest of the trustee and of any predecessor trustee that has not acted in bad faith; and
(C) For purposes of this subdivision, it shall be presumed that the trustee did not act in bad faith merely by accepting the property.
(2) If the court is satisfied that a beneficiary of a trust has not acted in bad faith, the avoidance of the qualified disposition shall be subject to the right of the beneficiary to retain any distribution made upon the exercise of a trust power or discretion vested in the trustee of the trust, which power or discretion was properly exercised prior to the creditor's commencement of an action to avoid the qualified disposition. For purposes of this subdivision, it shall be presumed that the beneficiary, including a beneficiary who is also a transferor of the trust, did not act in bad faith merely by creating the trust or by accepting a distribution made in accordance with the terms of the trust.
(c) A creditor has the burden of proving by clear and convincing evidence that a trustee or beneficiary acted in bad faith as set forth in subsection (b) of this section, except, in the case of a beneficiary who is also the transferor, the burden on the creditor is to prove by a preponderance of the evidence that the transferor-beneficiary acted in bad faith. The provisions of this subsection shall be construed to provide substantive nonprocedural rights under state law.
(d) For purposes of sections 45a-487j to 45a-487r, inclusive, attachment, garnishment, sequestration or other legal or equitable processes shall be permitted only in circumstances permitted by the express terms of said sections.
(e) For purposes of this section, “court” means the Superior Court.
(P.A. 19-137, S. 107.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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, inclusive, apply to all trusts created before, on or after January 1, 2020.
(2) Sections 45a-487j to 45a-487s, inclusive, and 45a-499a to 45a-500s, inclusive, apply to all judicial proceedings concerning trusts commenced on or after January 1, 2020.
(3) Sections 45a-487j to 45a-487s, inclusive, and 45a-499a to 45a-500s, inclusive, apply to judicial proceedings concerning trusts commenced before January 1, 2020, unless the court in which the judicial proceeding is pending finds that application of a particular provision of sections 45a-487j to 45a-487s, inclusive, and 45a-499a to 45a-500s, inclusive, would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties. If the court finds substantial interference or prejudice, the particular provision of sections 45a-487j to 45a-487s, inclusive, and 45a-499a to 45a-500s, inclusive, do not apply and the superseded law applies.
(4) Any rule of construction or presumption provided in sections 45a-487j to 45a-487s, inclusive, and 45a-499a to 45a-500s, inclusive, applies to trust instruments executed before January 1, 2020, unless there is a clear indication of a contrary intent in the terms of the trust.
(5) An act done before January 1, 2020, is not affected by sections 45a-487j to 45a-487s, inclusive, and 45a-499a to 45a-500s, inclusive.
(b) If a right is acquired, extinguished or barred upon the expiration of a prescribed period that has commenced to run under any provision of the general statutes, other than sections 45a-487j to 45a-487s, inclusive, and 45a-499a to 45a-500s, inclusive, before January 1, 2020, the provision of the general statutes continues to apply to the right even if the provision has been repealed or superseded.
(P.A. 19-137, S. 109.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 of the trust, is or may become the sole trustee and the sole holder of any or all beneficial interests therein, whether any such interest be vested or contingent, present or future, and whether created by express provision of the trust instrument or as a result of reversion to the settlor's estate.
(b) This section shall be applicable to all trusts whether created before, on or after October 1, 1999. Nothing in this section shall be construed to invalidate any trust created prior to October 1, 1999.
(P.A. 99-103.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 determined under general principles of property law.
(b) For purposes of sections 45a-490 to 45a-496, inclusive, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (1) a nonvested property interest or (2) a property interest subject to a power of appointment described in subsection (b) or (c) of section 45a-491, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(c) For purposes of sections 45a-490 to 45a-496, inclusive, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
(P.A. 89-44, S. 3.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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) or (c) of section 45a-491 if:
(1) A nonvested property interest or a power of appointment becomes invalid under section 45a-491;
(2) A class gift is not but might become invalid under section 45a-491 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) A nonvested property interest that is not validated by subdivision (1) of subsection (a) of section 45a-491 can vest but not within ninety years after its creation.
(P.A. 89-44, S. 4.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 arising out of (A) a premarital or postmarital agreement, (B) a separation or divorce settlement, (C) a spouse's election, (D) a similar arrangement arising out of a prospective, existing or previous marital relationship between the parties, (E) a contract to make or not to revoke a will or trust, (F) a contract to exercise or not to exercise a power of appointment, (G) a transfer in satisfaction of a duty of support, or (H) a reciprocal transfer;
(2) A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income;
(3) A power to appoint a fiduciary;
(4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
(5) A nonvested property interest held by a charity, government or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government or governmental agency or subdivision;
(6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral or other current or deferred benefit plan for one or more employees, independent contractors or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or
(7) A property interest, power of appointment or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state.
(P.A. 89-44, S. 5.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(b) If a nonvested property interest or a power of appointment was created before October 1, 1989, and is determined in a judicial proceeding, commenced on or after October 1, 1989, to violate this state's rule against perpetuities as that rule existed before October 1, 1989, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
(P.A. 89-44, S. 6; P.A. 90-230, S. 59, 101.)
History: P.A. 90-230 made a technical change in Subsec. (b).
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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-487j to 45a-487t, inclusive, and 45a-499a to 45a-500s, inclusive.
(P.A. 19-137, S. 53.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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) Except as expressly set forth in sections 45a-499a to 45a-500s, inclusive, sections 45a-499a to 45a-500s, inclusive, do not apply to a charitable trust, as defined in subdivision (5) of section 45a-499c.
(c) Sections 45a-499a to 45a-500s, inclusive, do not apply to statutory trusts created pursuant to chapter 615.
(d) No provision of sections 45a-487j to 45a-487t, inclusive, and 45a-499a to 45a-500s, inclusive, as such provision may be applied to a trust established pursuant to and in compliance with 42 USC 1396p(d)(4), as amended from time to time, shall be interpreted in a manner that is inconsistent with, or that contravenes, the provisions of federal law; nor shall any court having jurisdiction over any such trust issue an order, judgment, decree or ruling, that is inconsistent with, or that contravenes, the provisions of federal law.
(P.A. 19-137, S. 2.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 an oral trust, other than a charitable trust, may be established only by clear and convincing evidence.
(P.A. 19-137, S. 28.)
History: P.A. 19-137 effective January 1, 2020.