reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 may represent and bind another person under this section and sections 45a-499r to 45a-499u, inclusive, is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.
(c) Except as provided in section 45a-499oo, a person that, pursuant to this section and sections 45a-499r to 45a-499u, inclusive, may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
(d) A settlor may not represent and bind a beneficiary under this section with respect to the termination or modification of a trust under sections 45a-499ee and 45a-499ff.
(e) This section and sections 45a-499r to 45a-499u, inclusive, of this act, shall apply to all judicial proceedings and all nonjudicial settlements, agreements or actions (1) under sections 45a-487j to 45a-487t, inclusive, and 45a-499a to 45a-500s, inclusive; and (2) under any other provisions of the general statutes pertaining to trust matters. As used in this subsection, “trust matters” means (A) any property or interest in property held as part of a trust; (B) actions by or against a trust or by or against the trustee of the trust, in its capacity as trustee; (C) proceedings for the interpretation of a document creating a trust or other instrument pursuant to which property is held by a trustee; (D) accountings, whether intermediate or final, of any trustee; and (E) any other matter concerning the administration of a trust. Any reference to a trust in this section and sections 45a-487b to 45a-487f, inclusive, includes both testamentary and inter vivos trusts.
(f) As used in this section, “represent” shall not be construed to permit a person who has not been admitted as an attorney pursuant to section 51-80 to serve as legal counsel for any other person in any matter arising under sections 45a-487j to 45a-487t, inclusive, and 45a-499a to 45a-500s, inclusive.
(P.A. 19-137, S. 17.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 settlor's death; or
(2) One hundred twenty days after the date on which the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding. The trustee may provide the documentation and information set forth in this subdivision to (A) all persons who would be entitled to notice of the application for probate of a will or administration of an intestate estate or to notice of the admission of a will to probate or the granting of letters of administration; and (B) the beneficiaries of the trust and all persons whose interests are, in the opinion of the trustee, adversely affected by the trust. The provisions of this subdivision shall not apply to a person if notice is sent to the designated representative for the person but not to the person.
(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless: (1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; (2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced not later than sixty days after the date on which the contestant sent the notification; or (3) the trustee failed to give notice in accordance with section 45a-499kkk.
(c) If the court determines that a distribution to a beneficiary of a trust is invalid, the beneficiary is liable to return the distribution received.
(P.A. 19-137, S.43.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
(P.A. 19-137, S. 69.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 all coholders of a power of appointment, whether or not presently exercisable, represent the potential appointees; and (2) the sole holder or all coholders of a power of revocation or a general power of appointment, including one in the form of a power of amendment, represent the takers in default of the exercise of the power.
(P.A.19-137, S. 18.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship; or (3) in the case of a testamentary trust, filing an acceptance of trust in the court with jurisdiction over the trust.
(b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable period after knowing of the designation is deemed to have rejected the trusteeship.
(c) A person designated as trustee, without accepting the trusteeship, may: (1) Act to preserve the trust property if, within a reasonable period after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and (2) inspect or investigate trust property (A) to determine potential liability under state or federal environmental or other law; or (B) for any other purpose.
(P.A. 19-137, S. 44.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.
(c) If subsection (a) of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust shall be commenced not later than three years after the first to occur of: (1) The removal, resignation or death of the trustee; (2) the termination of the beneficiary's interest in the trust; or (3) the termination of the trust.
(d) In a proceeding involving a charitable trust, any notice that is required to be given to the Attorney General shall include a copy of the trust instrument.
(e) The provisions of this section do not apply to testamentary trusts.
(P.A. 19-137, S. 70.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 question or dispute: (1) A conservator of the estate may represent and bind the estate that the conservator controls; (2) a conservator of the person or guardian of an adult with intellectual disability may, with court approval, represent and bind the conserved person if a conservator of the estate has not been appointed; (3) an agent having authority to do so may represent and bind the principal; (4) a trustee may represent and bind the beneficiaries of the trust; (5) an executor or administrator of a decedent's estate may represent and bind persons interested in the estate; and (6) if a guardian of the estate has not been appointed, a parent of a minor may represent and bind the parent's minor or unborn child.
(b) Unless otherwise represented, a minor, an incapacitated or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person being represented.
(P.A. 19-137, S. 19.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 noncharitable trusts, the court has not dispensed with the requirement of a bond.
(b) The court may specify the amount of a bond, its liabilities and whether sureties are necessary. Except in the case of a charitable trust, the court may modify or terminate a bond at any time.
(c) In addition to the requirements of this section, a testamentary trustee that is a foreign corporation shall comply with section 45a-206.
(P.A. 19-137, S. 45.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 receive notice, give consent, and otherwise represent, bind and act on behalf of a minor, an incapacitated or unborn individual, or a person whose identity or location is unknown. A guardian ad litem may be appointed to represent several persons or interests.
(b) A guardian ad litem may act on behalf of the individual represented with respect to any matter arising under sections 45a-487j to 45a-487t, inclusive, and 45a-499a to 45a-500s, inclusive, whether or not a judicial proceeding concerning the trust is pending.
(c) In making decisions in any matter, a guardian ad litem may consider the general benefit accruing to the living members of the individual's family.
(P.A. 19-137, S. 20.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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-500
l
, a cotrustee shall participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.
(d) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.
(e) A trustee may delegate to a cotrustee the performance of any function other than a function that the terms of the trust expressly require to be performed by the trustees jointly. Unless a delegation was irrevocable, a delegating trustee may revoke a delegation previously made.
(f) Except as provided in subsection (g) of this section, a trustee who does not join in an action of another trustee is not liable for the action.
(g) Subject to the provisions of section 45a-500
l
, a trustee shall exercise reasonable care to: (1) Prevent a cotrustee from committing a serious breach of trust; and (2) compel a cotrustee to redress a serious breach of trust.
(h) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.
(P.A. 19-137, S. 46.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 the event is not liable for a loss resulting from the trustee's lack of knowledge.
(P.A. 19-137, S. 72.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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; or (2) authorize a person or persons, other than a trustee of the trust or the settlor, to designate one or more persons to represent and bind a beneficiary that is not a charity and receive any notice, information, accounting or report. The designated representative shall act in good faith on behalf of any beneficiary so represented.
(b) Except as otherwise provided in sections 45a-499a to 45a-500s, inclusive, a designated representative may not represent and bind a beneficiary while the person is serving as trustee.
(c) Except as otherwise provided in sections 45a-499a to 45a-500s, inclusive, a designated representative may not represent and bind another beneficiary if the person designated also is a beneficiary, unless:
(1) The person was named by the settlor; or
(2) The person is the beneficiary's spouse or a grandparent or descendant of a grandparent of the beneficiary or the beneficiary's spouse.
(d) A designated representative is not liable to the beneficiary whose interests are represented, or to anyone claiming through that beneficiary, for any actions or omissions to act made in good faith.
(P.A. 19-137, S. 21; P.A. 21-39, S. 3.)
History: P.A. 19-137 effective January 1, 2020; P.A. 21-39 amended Subsec. (a) to add provision re designated beneficiary to act in good faith, effective January 1, 2022.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 is disqualified or removed; (5) a trustee dies; or (6) a conservator is appointed for an individual serving as trustee.
(b) If one or more cotrustees remain in office, a vacancy in a trusteeship of a noncharitable trust need not be filled, unless otherwise required by the terms of the trust. A vacancy in a trusteeship shall be filled if the trust has no remaining trustee. A vacancy in a trusteeship of a charitable trust shall be filled, unless otherwise excused by the terms of the trust.
(c) A vacancy in a trusteeship required to be filled shall be filled in the following order of priority: (1) By a person designated in the terms of the trust to act as successor trustee or appointed according to a procedure specified in the terms and, in the case of a testamentary trust, appointed by the Probate Court; (2) in the case of a noncharitable, inter vivos trust, by a person appointed by unanimous agreement of the qualified beneficiaries; or (3) by a person appointed by the court.
(d) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
(P.A. 19-137, S. 47.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 purposes of the trust or the interests of the beneficiaries; or (2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(b) Except for terms intended to provide protection for carrying out a stated trust purpose, an exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
(P.A. 19-137, S. 73.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 property that the owner holds identifiable property as trustee; (3) exercise of a power of appointment or distribution in favor of a trustee; (4) transfer of property pursuant to a statute or judgment that requires property to be administered in the manner of an express trust, including, but not limited to, (A) a trust created by the guardian of the estate of a minor or by the conservator of an estate; or (B) a trust described in 42 USC 1396p(d)(4), as amended from time to time; or (5) court order.
(P.A. 19-137, S. 22.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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) A trustee of a testamentary trust may resign with the approval of the court.
(c) In approving a resignation pursuant to subsection (b) of this section, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property, the beneficiaries and the other trustees, and may issue such other orders as law and equity may require.
(d) Any liability of a trustee, former trustee or of any sureties on such trustee's bond for acts or omissions of such trustee is not discharged or affected by such trustee's resignation.
(P.A. 19-137, S. 48.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 constituting the breach, unless: (1) The consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or (2) at the time of the consent, release or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
(b) The liability of a trustee of a testamentary trust is not governed by the provisions of this section.
(P.A. 19-137, S. 74.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 an animal, as provided in section 45a-489a; or (C) a trust for a noncharitable purpose under section 45a-499cc; and
(4) The trustee has duties to perform.
(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. With respect to a charitable trust, if no default beneficiary is named in the trust instrument, the property subject to the power passes to one or more charitable purposes or beneficiaries that the court selects. The selection shall be consistent with the settlor's intention to the extent it can be ascertained.
(d) The settlor's power to create or contribute to a trust may be exercised by (1) an agent under a power of attorney only to the extent expressly authorized to create or contribute property to a trust; or (2) a conservator of the estate as authorized by the court.
(e) A charitable trust is created if the donor makes a gift with a charitable intent.
(P.A. 19-137, S. 23.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 bond, may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
(b) Subject to subsection (a) of this section, the court may remove a trustee if:
(1) The trustee becomes incapable of executing or neglects to perform the trustee's duties, wastes the trust assets, fails to furnish an additional or substitute probate bond ordered by the court, or has committed any other serious breach of trust;
(2) Lack of cooperation among cotrustees substantially impairs administration of the trust;
(3) Because of unfitness, unwillingness or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or
(4) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries and the court finds that (A) removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust; and (B) a suitable cotrustee or successor trustee is available. The court may not remove a successor corporate fiduciary in a manner that discriminates against state banks or national banking associations. No consolidated state bank or national banking association and no receiving state bank or national banking association may be removed solely because it is a successor fiduciary, as defined in section 45a-245a.
(P.A. 19-137, S. 49.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 the contract disclosed the fiduciary capacity.
(b) Except as otherwise limited by the general statutes, the trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(c) A claim may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim, if the claim is based on (1) a contract entered into by a trustee in the trustee's fiduciary capacity, (2) an obligation arising from ownership or control of trust property, or (3) a tort committed in the course of administering a trust.
(P.A. 19-137, S. 75.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 settlor was domiciled, had a place of abode or was a national; (B) a trustee was domiciled or had a place of business; or (C) any trust property was located.
(P.A. 19-137, S. 24.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 duties of a trustee and the powers necessary to protect the trust property.
(b) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee or other person entitled to it.
(c) All suits in favor of or against the original trustee shall survive to and may be prosecuted by or against the person appointed to succeed such trustee.
(P.A. 19-137, S. 50.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the Uniform Partnership Act, sections 34-300 to 34-399, inclusive, or the Uniform Limited Partnership Act, sections 34-9 to 34-38u, inclusive.
(b) Except as otherwise provided in subsection (c) of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
(c) The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings or parents, or the spouse of any of them.
(d) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
(P.A. 19-137, S. 76.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 entitled to be compensated as specified, but the court may allow more or less compensation if: (1) The duties of the trustee are substantially different from those contemplated when the trust was created; or (2) the compensation specified by the terms of the trust would be unreasonably low or high.
(P.A. 19-137, S. 51.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 45a-499yyy. - Protection of person dealing with trustee.

(a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers, is protected from liability as if the trustee properly exercised the power.
(b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.
(c) A person who in good faith delivers assets to a trustee need not ensure the proper application of such assets.
(d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated, is protected from liability as if the former trustee were still a trustee.
(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
(P.A. 19-137, S. 77.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 45a-499z. - Charitable purposes; enforcement; conversion to new entity.

(a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes or other purposes the achievement of which are beneficial to the community consistent with the provisions of sections 45a-514 and 47-2.
(b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary and if the trustee is not given discretion to select the charitable beneficiaries consistent with the provisions of section 45a-515, the court may select one or more charitable purposes or beneficiaries. The selection shall be consistent with the settlor's intention to the extent it can be ascertained.
(c) The settlor of a charitable trust, or a person designated by the settlor who would not otherwise have standing, may maintain a proceeding to enforce the trust only to the extent specified in the trust instrument.
(d) If a charitable trust whose purposes are set forth in a trust instrument is converted to a corporation, limited liability company, benefit corporation or other entity, the governing instrument of the new entity shall recite the charitable purposes of the original trust instrument.
(P.A. 19-137, S. 26.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 45a-499zz. - Reimbursement of expenses.

(a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for: (1) Expenses that were properly incurred in the defense or administration of the trust, unless the trustee is determined to have committed a breach of trust; and (2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.
(b) If a trustee advances money to protect the trust, the trustee has a lien against the trust property to secure reimbursement of the money with reasonable interest.
(P.A. 19-137, S. 52.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 45a-499zzz. - Certification of trust.

(a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary or, in the case of a charitable trust, the Attorney General's office, the trustee may furnish to the person a certification of trust containing the following information: (1) That the trust exists and the date the trust instrument was executed; (2) the identity of the settlor; (3) the identity and address of the currently acting trustee; (4) the powers of the trustee; (5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; (7) the trust's taxpayer identification number; and (8) the manner of taking title to trust property.
(b) A certification of trust may be signed or otherwise authenticated by any trustee.
(c) A certification of trust shall state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
(d) A certification of trust need not contain the dispositive terms of a trust.
(e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.
(f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.
(g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
(h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages, including legal fees and costs, if the court determines that the person did not act in good faith in demanding the trust instrument.
(i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust and does not limit the right of the Attorney General to notice under subsection (d) of section 45a-499rrr.
(P.A. 19-137, S. 78.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 states that enact the uniform provisions.
(P.A. 19-137, S. 79.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 to 45a-500, inclusive, which can be given effect without the invalid provision or application, and to this end the provisions of this section and sections 45a-499a to 45a-500, inclusive, are severable.
(P.A. 19-137, S. 80.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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, 2020, sections 45a-500b to 45a-500s, inclusive, apply only to a decision or action occurring on or after January 1, 2020.
(2) If the principal place of administration of the trust is changed to this state on or after January 1, 2020, sections 45a-500b to 45a-500s, inclusive, apply only to a decision or action occurring on or after the date of the change.
(P.A. 19-137, S. 82.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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. 83.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 45a-500s, inclusive, do not apply to a:
(1) Power of appointment;
(2) Power to appoint or remove a trustee or trust director;
(3) Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;
(4) Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:
(A) The beneficiary; or
(B) Another beneficiary represented by the beneficiary under sections 45a-499q to 45a-499u, inclusive, with respect to the exercise or nonexercise of the power; or
(5) Power over a trust if:
(A) The terms of the trust provide that the power is held in a nonfiduciary capacity; and
(B) The power is held in a nonfiduciary capacity to achieve the settlor's tax objectives under the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.
(c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
(P.A. 19-137, S. 84.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 nonexercise of a power of direction granted to the director under subsection (a) of this section; and (2) trust directors with joint powers shall act by majority decision.
(P.A. 19-137, S. 85.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 45a-500f regarding:
(1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of 42 USC 1396p(d)(4)(A), as amended from time to time; and
(2) A charitable interest in the trust, including notice regarding the interest to the Attorney General.
(P.A. 19-137, S. 86.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 duty and liability in the exercise or nonexercise of the power:
(A) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or
(B) If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and
(2) The terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.
(b) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than sections 45a-500b to 45a-500s, inclusive, to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under sections 45a-500b to 45a-500s, inclusive.
(c) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
(P.A. 19-137, S. 87.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 subdivision (1) of subsection (b) of section 45a-500f and the trustee is not liable for the action.
(b) A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction or further power under subdivision (1) of subsection (b) of section 45a-500f to the extent that by complying the trustee would engage in wilful misconduct.
(c) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if: (1) The breach involved the trustee's or other director's wilful misconduct; (2) the release was induced by improper conduct of the trustee or other director in procuring the release; or (3) at the time of the release, the director did not know the material facts relating to the breach.
(d) A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions and the court shall have jurisdiction to provide such instructions.
(e) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
(P.A. 19-137, S. 88.)
History: P.A. 19-137 effective January 1, 2020.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802c - Trusts › Section 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 (2) the powers or duties of the director.
(b) Subject to the provisions of section 45a-500k, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related to: (1) The powers or duties of the director; and (2) the powers or duties of the trustee or other director.
(c) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in wilful misconduct.
(d) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in wilful misconduct.
(P.A. 19-137, S. 89.)
History: P.A. 19-137 effective January 1, 2020.