Connecticut 2011 Regular Session

Connecticut House Bill HB06441 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 6441
2	2	January Session, 2011 LCO No. 3835
3	3	03835_______JUD
4	4	Referred to Committee on Judiciary
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 6441
11	11
12	12	January Session, 2011
13	13
14	14	LCO No. 3835
15	15
16	16	03835_______JUD
17	17
18	18	Referred to Committee on Judiciary
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
23	23
24	24	AN ACT ADOPTING THE CONNECTICUT UNIFORM TRUST CODE.
25	25
26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
27	27
28	28	Section 1. (NEW) (Effective July 1, 2011) Sections 1 to 86, inclusive, of this act may be cited as the "Connecticut Uniform Trust Code".
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30	30	Sec. 2. (NEW) (Effective July 1, 2011) Sections 1 to 86, inclusive, of this act apply to express trusts, whether testamentary or inter vivos and whether charitable or noncharitable, and trusts created pursuant to a statute, judgment or decree that requires the trust to be administered in the manner of an express trust, except that sections 1 to 86, inclusive, of this act shall not apply to statutory trusts created pursuant to chapter 615 of the general statutes to the extent inconsistent with the terms of chapter 615 of the general statutes.
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32	32	Sec. 3. (NEW) (Effective July 1, 2011) As used in sections 1 to 86, inclusive, of this act:
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34	34	(1) "Action", with respect to an act of a trustee, includes a failure to act.
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36	36	(2) "Beneficiary" means a person that (A) has a present or future beneficial interest in a trust, vested or contingent, or (B) in a capacity other than that of trustee, holds a power of appointment over trust property. "Beneficiary" does not include an appointee under a power of appointment unless and until the power is exercised and the trustee has knowledge of the exercise and the identity of the appointee.
37	37
38	38	(3) "Beneficiary surrogate" means a person, other than a trustee, designated by the settlor in the trust instrument to receive notices, information and reports otherwise required to be provided to a current beneficiary under subdivision (7) of subsection (b) of section 5 of this act.
39	39
40	40	(4) "Charitable trust" means a trust, or portion of a trust, created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes or other purposes which benefit the community.
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42	42	(5) "Current beneficiary" means a beneficiary who, on the date the beneficiary's qualification is determined, is a distributee or permissible distributee of trust income or principal.
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44	44	(6) "Conservator" means a person appointed by the court to administer the estate of a minor or adult individual and includes a guardian of the estate of a minor.
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46	46	(7) "District" means, for purposes of venue, the district of the court having or accepting jurisdiction over the proceeding.
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48	48	(8) "Environmental law" means a federal, state or local law, rule, regulation or ordinance relating to protection of the environment.
49	49
50	50	(9) "Guardian" means a person appointed by the court to make decisions regarding the support, care, education, health and welfare of a minor or adult individual and includes a conservator of the person of an adult, but does not include a guardian ad litem.
51	51
52	52	(10) "Interests of the beneficiaries" means the beneficial interests provided in the terms of the trust.
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54	54	(11) "Inter vivos trust" means any trust that is not a testamentary trust.
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56	56	(12) "Jurisdiction", with respect to a geographic area, includes a state or country.
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58	58	(13) "Mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. "Mandatory distribution" does not include a distribution subject to the exercise of the trustee's discretion, regardless of whether the terms of the trust (A) include a support or other standard to guide the trustee in making distribution decisions, or (B) provide that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard.
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60	60	(14) "Permissible distributee" means a beneficiary who is currently entitled to or eligible to receive a distribution from a trust.
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62	62	(15) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, court, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.
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64	64	(16) "Power of withdrawal" means a presently exercisable general power of appointment other than a power exercisable only upon consent of the trustee or a person holding an adverse interest.
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66	66	(17) "Property" means anything that may be the subject of ownership, whether real or personal and whether legal or equitable, or any interest therein.
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68	68	(18) "Qualified beneficiary" means a beneficiary who, on the date the beneficiary's qualification is determined: (A) Is a distributee or permissible distributee of trust income or principal; (B) would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subparagraph (A) of this subdivision terminated on such date without causing the trust to terminate; or (C) would be a distributee or permissible distributee of trust income or principal if the trust terminated on such date.
69	69
70	70	(19) "Revocable", as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest.
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72	72	(20) "Settlor" means a person, including a testator, who creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to such person's contribution, except to the extent another person has the power to revoke or withdraw such portion.
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74	74	(21) "Spendthrift provision" means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest.
75	75
76	76	(22) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States, and includes an Indian tribe or band recognized by federal law or formally acknowledged by a state.
77	77
78	78	(23) "Terms of a trust" or "terms of the trust" means the manifestation of the settlor's intent regarding a trust's provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding.
79	79
80	80	(24) "Testamentary trust" means a trust created under a will or any other trust created, authorized or approved by order of a probate court.
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82	82	(25) "Trust instrument" means any instrument executed by the settlor that contains terms of the trust, including any amendments thereto.
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84	84	(26) "Trustee" includes an original, additional and successor trustee and a cotrustee.
85	85
86	86	Sec. 4. (NEW) (Effective July 1, 2011) (a) Subject to subsection (b) of this section, for the purposes of sections 1 to 86, inclusive, of this act, a person has knowledge of a fact if the person (1) has actual knowledge of the fact, (2) has received a notice or notification of the fact, or (3) from all the facts and circumstances known to the person at the time in question, has reason to know the fact.
87	87
88	88	(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or from the time the information would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
89	89
90	90	Sec. 5. (NEW) (Effective July 1, 2011) (a) Except as otherwise provided in the terms of the trust, sections 1 to 86, inclusive, of this act govern the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary.
91	91
92	92	(b) The terms of a trust prevail over any provision of sections 1 to 86, inclusive, of this act, except: (1) The requirements for creating a trust; (2) the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust; (3) the requirement of section 24 of this act that a trust have a purpose that is lawful, not contrary to public policy and possible to achieve; (4) the power of the court to modify or terminate a trust under sections 30 to 36, inclusive, of this act; (5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in sections 38 to 45, inclusive, of this act; (6) the power of the court under section 51 of this act to require, dispense with, modify or terminate a bond; (7) the duty under subdivision (2) of subsection (a) of section 67 of this act to respond to the request of a current beneficiary of an irrevocable trust for information reasonably related to the administration of a trust; (8) the effect of an exculpatory term under section 78 of this act; (9) the rights under sections 80 to 83, inclusive, of this act of a person other than a trustee or beneficiary; (10) periods of limitation for commencing a judicial proceeding; (11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; (12) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in sections 14 and 15 of this act; or (13) the provisions of sections 1 to 86, inclusive, of this act specifically dealing with the supervision of testamentary trusts by the court.
93	93
94	94	(c) With respect to one or more of the current or qualified beneficiaries, the settlor, in the trust instrument, may waive or modify the duties of the trustee described in subdivision (7) of subsection (b) of this section. Such a waiver or modification may be made only by the settlor designating in the trust instrument one or more beneficiary surrogates to receive any notices, information or reports otherwise required under said subdivision to be provided to the current or qualified beneficiaries. If the settlor makes such a waiver or modification, the trustee shall provide such notices, information or reports to the beneficiary surrogates, in lieu of providing them to the current or qualified beneficiaries. The beneficiary surrogates shall act in good faith to protect the interests of the current or qualified beneficiaries for whom the notices, information or reports are received. The beneficiary surrogates are deemed to be representatives of the current or qualified beneficiaries not provided such notices, information or reports for all purposes, except for the time limitation for a beneficiary to commence an action against a trustee for breach of trust as provided in subsections (a) and (b) of section 75 of this act.
95	95
96	96	Sec. 6. (NEW) (Effective July 1, 2011) The common law of trusts and principles of equity supplement sections 1 to 86, inclusive, of this act, except to the extent modified by sections 1 to 86, inclusive, of this act or another statute of this state.
97	97
98	98	Sec. 7. (NEW) (Effective July 1, 2011) The meaning and effect of the terms of a trust are determined by: (1) The law of the jurisdiction designated in the terms of the trust, unless the designation of such jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or (2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
99	99
100	100	Sec. 8. (NEW) (Effective July 1, 2011) (a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if: (1) A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or (2) all or part of the administration occurs in the designated jurisdiction.
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102	102	(b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration and the interests of the beneficiaries.
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104	104	(c) The principal place of administration of a testamentary trust means (1) in the case of a trust created under a will, in the district in which the settlor's estate was or is being administered, (2) in the case of any other trust created, authorized or approved by order of the Probate Court, in the district in which the court creating the trust is located, or (3) in the case of a trust transferred to this state subject to the continuing supervision of the court, the district in which the trustee's principal place of business is located, where the trustee resides or where all or part of the administration occurs.
105	105
106	106	(d) Without precluding the right of the court to order, approve or disapprove a transfer, the trustee of an inter vivos trust, and the trustee of a testamentary trust with court approval, in furtherance of the duty prescribed by subsection (b) of this section, may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.
107	107
108	108	(e) The trustee of an inter vivos trust shall notify the qualified beneficiaries of a transfer of a trust's principal place of administration to another state or to a jurisdiction outside of the United States not less than sixty days before initiating the transfer. The notice of the transfer shall include: (1) The name of the jurisdiction to which the principal place of administration is to be transferred; (2) the address and telephone number at the new location at which the trustee can be contacted; (3) an explanation of the reasons for the transfer; and (4) the date on which the transfer is anticipated to occur.
109	109
110	110	(f) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to section 53 of this act.
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112	112	Sec. 9. (NEW) (Effective July 1, 2011) (a) Notice to a person under sections 1 to 86, inclusive, of this act, or the sending of a document to a person under sections 1 to 86, inclusive, of this act, shall be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last-known place of residence or place of business, or a properly directed electronic message, if the person has consented in advance to receive notices or documents by electronic message.
113	113
114	114	(b) Notice otherwise required under sections 1 to 86, inclusive, of this act, or a document otherwise required to be sent under sections 1 to 86, inclusive, of this act need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
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116	116	(c) Notice under sections 1 to 86, inclusive, of this act or the sending of a document under sections 1 to 86, inclusive, of this act may be waived by the person to be notified or to be sent the document.
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118	118	(d) Notice of a judicial proceeding shall be given as provided in any applicable court rules.
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120	120	Sec. 10. (NEW) (Effective July 1, 2011) (a) Whenever notice to qualified beneficiaries of a trust is required under sections 1 to 86, inclusive, of this act, the trustee shall also give notice to any other current beneficiary who has sent the trustee a request for notice.
121	121
122	122	(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under sections 1 to 86, inclusive, of this act if the charitable organization, on the date the charitable organization's qualification is being determined: (1) Is a distributee or permissible distributee of trust income or principal; (2) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or (3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on such date.
123	123
124	124	(c) The Attorney General has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state.
125	125
126	126	(d) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 28 or 29 of this act has the rights of a qualified beneficiary under sections 1 to 86, inclusive, of this act.
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128	128	(e) A charitable organization shall only be granted the rights of a qualified beneficiary in this section if its interest in a charitable trust is not otherwise subject to any power of appointment, removal or any other power of termination on the date that its qualification is otherwise determined under this section.
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130	130	Sec. 11. (NEW) (Effective July 1, 2011) (a) For the purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
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132	132	(b) Except as otherwise provided in subsections (c) and (e) of this section, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving an inter vivos trust.
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134	134	(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under sections 1 to 86, inclusive, of this act or other applicable law.
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136	136	(d) Matters that may be resolved by a nonjudicial settlement agreement include: (1) The interpretation or construction of the terms of the trust; (2) the approval of a trustee's report or accounting; (3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power; (4) the resignation or appointment of a trustee and the determination of a trustee's compensation; (5) transfer of a trust's principal place of administration; and (6) liability of a trustee for an action relating to the trust.
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138	138	(e) A nonjudicial settlement agreement may not modify or terminate an irrevocable trust. Such modification or termination may only be accomplished under the provisions of sections 31 to 37, inclusive, of this act.
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140	140	(f) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in sections 16 to 20, inclusive, of this act was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
141	141
142	142	Sec. 12. (NEW) (Effective July 1, 2011) (a) A testamentary trust is subject to continuing judicial supervision. For this purpose, a testamentary trust shall include any trust created under the laws of another jurisdiction, the principal place of administration of which is transferred to this state and expressly made subject to the continuing supervision of the court by the transferring court or document of transfer.
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144	144	(b) The court may intervene in the administration of an inter vivos trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
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146	146	(c) An inter vivos trust is not subject to continuing judicial supervision.
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148	148	(d) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including, but not limited to, a proceeding to: (1) Request instructions; (2) approve a nonjudicial settlement; (3) interpret or construe the terms of a trust; (4) determine the validity of a trust; (5) approve a trustee's report or accounting or compel a trustee to report or account; (6) review the actions of a trustee, including the exercise of a discretionary power; (7) accept the resignation of a trustee; (8) appoint or remove a trustee; (9) transfer a testamentary trust's principal place of administration or a testamentary trust's property to another jurisdiction; (10) modify or terminate a trust; (11) combine trusts or divide a trust; (12) determine liability of a trust for debts of a beneficiary and living settlor; (13) determine liability of a trust for debts, expenses of administration and statutory allowances chargeable against the estate of a deceased settlor; or (14) apply to a charitable trust the equitable doctrine of approximation, cy pres, equitable deviation and other principles of equity pertaining to charitable trusts.
149	149
150	150	Sec. 13. (NEW) (Effective July 1, 2011) (a) By accepting the trusteeship of a trust having its principal place of administration in this state, or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
151	151
152	152	(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
153	153
154	154	(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary or other person receiving property from the trust.
155	155
156	156	Sec. 14. (NEW) (Effective July 1, 2011) (a) The Probate Court has exclusive jurisdiction of proceedings in this state concerning the interim and final accounts of testamentary trustees.
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158	158	(b) In any proceeding in the Probate Court that is or has become a contested matter, the Probate Court Administrator shall, on the motion of all interested parties, cite in within ten days a special assignment probate judge to hear only the contested portion of the matter. If the motion to cite a special assignment probate judge is not filed or consented to by all of the interested parties, the Probate Court shall transfer the contested portion of the matter within ten days to the Superior Court upon the request of any party and in accordance with the procedures provided in section 45a-186 of the general statutes. If the contested portion of a case is transferred to the Superior Court, the clerk of the Probate Court shall transmit certified copies of all relevant portions of the file to the clerk of the Superior Court. The Superior Court to which the contested matter was transferred may grant such relief as necessary to resolve the contested matter and shall then promptly transfer the matter back to the original probate court to complete any remaining uncontested matters, delivering to the clerk of the probate court a certified copy of the file and of the proceedings regarding the contested matter in the transferee court.
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160	160	Sec. 15. (NEW) (Effective July 1, 2011) (a) Venue for a judicial proceeding in the Superior Court shall be as provided in chapter 890 of the general statutes.
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162	162	(b) (1) Except as otherwise provided in subsection (c) of this section, venue for a judicial proceeding in a court of probate involving an inter vivos trust is, in the following order of priority: (A) In the district of this state in which the trust's principal place of administration is or will be located; (B) in the district of this state where any trustee resides or has a principal place of business; or (C) in the district of this state where the settlor's estate was or is being administered.
163	163
164	164	(2) Except as otherwise provided in subsection (c) of this section, venue for a judicial proceeding involving a testamentary trust is in the district of this state in which the trust's principal place of administration is located.
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166	166	(c) (1) If an inter vivos trust has no trustee, venue for a judicial proceeding for the appointment of a trustee shall be, in the following order of priority: (A) In a district of this state in which a beneficiary resides; (B) in a district of this state in which any trust property is located; or (C) in the district of this state in which the trust's principal place of administration is located.
167	167
168	168	(2) If a testamentary trust has no trustee, venue for a judicial proceeding for the appointment of a trustee shall be in the district of this state in which the trust's principal place of administration is located as determined under subsection (c) of section 8 of this act.
169	169
170	170	(d) A judicial proceeding other than one described in subsection (b) or (c) of this section shall be commenced in accordance with the rules of venue applicable to civil actions.
171	171
172	172	Sec. 16. (NEW) (Effective July 1, 2011) (a) Notice to a person who may represent and bind another person under sections 16 to 20, inclusive, of this act has the same effect as if notice were given directly to such other person.
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174	174	(b) The consent of a person who may represent and bind another person under sections 16 to 20, inclusive, of this act is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.
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176	176	(c) Except as otherwise provided in section 47 of this act, a person who, pursuant to sections 16 to 20, inclusive, of this act may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
177	177
178	178	(d) Notwithstanding any provision of the general statutes, sections 16 to 20, inclusive, of this act shall apply to all judicial proceedings and all nonjudicial settlements, agreements or actions under sections 1 to 86, inclusive, of this act and under any other provisions of the general statutes pertaining to trust matters.
179	179
180	180	(e) For the purposes of this section, "represent" shall not be construed to permit a person who has not been admitted as an attorney pursuant to section 51-80 of the general statutes to serve as legal counsel for any other person in any matter arising under sections 1 to 86, inclusive, of this act.
181	181
182	182	Sec. 17. (NEW) (Effective July 1, 2011) To the extent there is no conflict of interest between the holder of a power of appointment and the persons represented with respect to the particular question or dispute: (1) The sole holder or all coholders of any power of appointment, whether or not presently exercisable, shall 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, shall also represent the takers in default of the exercise thereof.
183	183
184	184	Sec. 18. (NEW) (Effective July 1, 2011) 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 may represent and bind the estate that the conservator controls; (2) a guardian may represent and bind the ward if a conservator of the ward's 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 conservator or guardian has not been appointed, a parent may represent and bind the parent's minor or unborn child.
185	185
186	186	Sec. 19. (NEW) (Effective July 1, 2011) 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.
187	187
188	188	Sec. 20. (NEW) (Effective July 1, 2011) (a) If the court determines that an interest is not represented pursuant to sections 16 to 20, inclusive, of this act, or that the otherwise available representation might 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.
189	189
190	190	(b) A guardian ad litem may act on behalf of the individual represented with respect to any matter arising under sections 1 to 86, inclusive, of this act, whether or not a judicial proceeding concerning the trust is pending.
191	191
192	192	(c) In making decisions in any matter, a guardian ad litem may consider general benefit accruing to the living members of the individual's family.
193	193
194	194	Sec. 21. (NEW) (Effective July 1, 2011) 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 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 trust created by the guardian of the estate of a minor or by the conservator of an estate, or a trust described in 42 USC 1396p(d)(4), as from time to time amended; or (5) court order.
195	195
196	196	Sec. 22. (NEW) (Effective July 1, 2011) (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 28 of this act, or (C) a trust for a noncharitable purpose, as provided in section 29 of this act; and (4) the trustee has duties to perform.
197	197
198	198	(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
199	199
200	200	(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.
201	201
202	202	Sec. 23. (NEW) (Effective July 1, 2011) An inter vivos trust is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation: (1) The settlor was domiciled, had a place of abode or was a national; (2) a trustee was domiciled or had a place of business; or (3) any trust property was located.
203	203
204	204	Sec. 24. (NEW) (Effective July 1, 2011) A trust may be created only to the extent its purposes are lawful, not contrary to public policy and possible to achieve.
205	205
206	206	Sec. 25. (NEW) (Effective July 1, 2011) (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 is beneficial to the community.
207	207
208	208	(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, 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.
209	209
210	210	(c) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust, but only if the settlor has expressly retained the right to do so in the trust instrument.
211	211
212	212	Sec. 26. (NEW) (Effective July 1, 2011) A trust is void to the extent its creation was induced by fraud, duress or undue influence.
213	213
214	214	Sec. 27. (NEW) (Effective July 1, 2011) Except as required by any provision of the general statutes other than sections 1 to 86, inclusive, of this act, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence.
215	215
216	216	Sec. 28. (NEW) (Effective July 1, 2011) (a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.
217	217
218	218	(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
219	219
220	220	(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.
221	221
222	222	Sec. 29. (NEW) (Effective July 1, 2011) Except as provided in section 28 of this act or any other provision of the general statutes, the following rules apply:
223	223
224	224	(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than ninety years.
225	225
226	226	(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.
227	227
228	228	(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.
229	229
230	230	Sec. 30. (NEW) (Effective July 1, 2011) In addition to the methods of termination prescribed in section 35 of this act, a noncharitable trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful or impossible to achieve. A charitable trust may be terminated only in accordance with the provisions of section 45a-520 of the general statutes.
231	231
232	232	Sec. 31. (NEW) (Effective July 1, 2011) A proceeding to approve or disapprove a proposed modification or termination under sections 32 to 34, inclusive, of this act, or trust combination or division under section 37 of this act, may be commenced by a trustee or beneficiary. The settlor of a charitable trust who has expressly provided for the right to do so in the trust instrument may maintain a proceeding to modify the trust under section 32 of this act.
233	233
234	234	Sec. 32. (NEW) (Effective July 1, 2011) (a) If, upon petition, the court finds that the settlor, the trustee and all qualified beneficiaries consent to the modification or termination of a noncharitable irrevocable trust, or of a charitable trust whose settlor has expressly provided for the right to do so in the trust instrument, the court may approve the modification or termination even if the modification or termination is inconsistent with a material purpose of the trust. A settlor's power to consent to a trust's modification or termination may be exercised by (1) an agent pursuant to a power of attorney only to the extent expressly authorized by the power of attorney and the terms of the trust, (2) the settlor's conservator with the approval of the court supervising the conservatorship, if an agent is not so authorized, or (3) the settlor's guardian with the approval of the court supervising the guardianship, if an agent is not so authorized and a conservator has not been appointed. This subsection does not apply to irrevocable trusts created before or to revocable trusts that become irrevocable before the effective date of this section.
235	235
236	236	(b) A noncharitable irrevocable trust, or a charitable trust whose settlor has expressly provided for the right to do so in the trust instrument, may be terminated or modified upon consent of the trustee and all of the qualified beneficiaries if the court concludes that the termination or modification is not inconsistent with a material purpose of the trust and the probable intent of the settlor.
237	237
238	238	Sec. 33. (NEW) (Effective July 1, 2011) Except as otherwise provided in section 34 of this act, if a particular charitable purpose becomes unlawful, impracticable or impossible to achieve: (1) The trust does not fail, in whole or in part; (2) the trust property does not revert to the settlor or the settlor's successors in interest; and (3) the court may apply cy pres to modify the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.
239	239
240	240	Sec. 34. (NEW) (Effective July 1, 2011) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under section 32 of this act to apply cy pres to modify or terminate the trust only if, when the provision takes effect: (1) Except as provided in section 45a-505 of the general statutes, the trust property is to revert to the settlor and the settlor is still living; or (2) fewer than twenty-one years have elapsed since the date of the trust's creation.
241	241
242	242	Sec. 35. (NEW) (Effective July 1, 2011) (a) If trust property has a total value less than one hundred fifty thousand dollars and after notice to the qualified beneficiaries, the trustee of a testamentary noncharitable trust who obtains court approval, or the trustee of an inter vivos noncharitable trust, with or without court approval, may terminate the trust if such trustee concludes that the termination is not inconsistent with the probable intent of the settlor and the value or character of the trust property is insufficient or inappropriate to justify the cost of administration.
243	243
244	244	(b) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
245	245
246	246	(c) This section does not apply to an easement for conservation or preservation.
247	247
248	248	Sec. 36. (NEW) (Effective July 1, 2011) To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.
249	249
250	250	Sec. 37. (NEW) (Effective July 1, 2011) After notice to the current beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.
251	251
252	252	Sec. 38. (NEW) (Effective July 1, 2011) (a) To the extent a beneficiary's interest in a trust is not subject to a spendthrift provision, except as otherwise provided in sections 38 to 45, inclusive, of this act, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary. The court may limit the award to such relief as is appropriate under the circumstances, provided, the court may not grant relief beyond the attachment of present or future distributions.
253	253
254	254	(b) (1) A trustee of a charitable trust and a person holding and administering an endowment fund, as defined in section 45a-527 of the general statutes, or an institutional fund, as defined in section 45a-527 of the general statutes, shall not collateralize, mortgage, hypothecate, pledge or otherwise encumber the following assets, if the source of the asset was a charitable gift:
255	255
256	256	(A) Funds for which expenditures are restricted by the settlor for a purpose other than the general purposes of a charity or institution; and
257	257
258	258	(B) The principal or corpus of a charitable trust or institutional fund for which such principal or corpus is restricted to investment or endowment purposes.
259	259
260	260	(2) No creditor or receiver appointed pursuant to chapter 920 of the general statutes, or trustee appointed under Title 11 of the United States Code, may attach, garnish, lien or otherwise use endowment funds or institutional funds described in subdivision (1) of this subsection to apply such funds to the payment of a charitable beneficiary's debt, or its receivership or bankruptcy estate.
261	261
262	262	Sec. 39. (NEW) (Effective July 1, 2011) (a) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest. A provision in the terms of the trust permitting the voluntary transfer of a beneficiary's interest, but only with the consent of another person or entity, including the trustee, specified in the terms of the trust, shall be deemed to be an acceptable restraint on voluntary transfer.
263	263
264	264	(b) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust", or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.
265	265
266	266	(c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in sections 38 to 45, inclusive, of this act, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
267	267
268	268	(d) A spendthrift provision is valid even though a beneficiary is named as the sole trustee or as a cotrustee of the trust.
269	269
270	270	(e) A spendthrift provision is enforceable against a former spouse of the beneficiary.
271	271
272	272	Sec. 40. (NEW) (Effective July 1, 2011) (a) For the purposes of this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state.
273	273
274	274	(b) Even if a trust contains a spendthrift provision, a beneficiary's child who has a judgment or court order against the beneficiary for support or maintenance may obtain from a court an order attaching present or future distributions to or for the benefit of the beneficiary, but only if distributions can be made for the beneficiary's support under the terms of the trust.
275	275
276	276	Sec. 41. (NEW) (Effective July 1, 2011) (a) For the purposes of this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state.
277	277
278	278	(b) Except as otherwise provided in subdivision (2) of subsection (a) of section 42 of this act or subsection (c) of this section, whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if: (1) The discretion is expressed in the form of a standard of distribution; or (2) the trustee has abused the discretion.
279	279
280	280	(c) To the extent a trustee has not complied with a standard of distribution or has abused a discretion: (1) A distribution may be ordered by the court to satisfy a judgment or court order against the beneficiary for support or maintenance of the beneficiary's child; and (2) the court may direct the trustee to pay to the child only such amount as is equitable under the circumstances, but in no event more than the amount the trustee would have been required to distribute to or for the benefit of the beneficiary had the trustee complied with the standard or not abused the discretion.
281	281
282	282	(d) This section does not limit the preexisting right of a beneficiary, if any, to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.
283	283
284	284	(e) With respect to the powers set forth in section 45 of this act, the provisions of this section shall apply even though the beneficiary is the sole trustee or a cotrustee of the trust.
285	285
286	286	Sec. 42. (NEW) (Effective July 1, 2011) (a) Whether or not the terms of a trust contain a spendthrift provision, the following rules apply:
287	287
288	288	(1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
289	289
290	290	(2) Except as provided in subdivisions (4) and (5) of this subsection, with respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the benefit of the settlor. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to such settlor's contribution.
291	291
292	292	(3) With respect to a trust created pursuant to 42 USC 1396p(d)(4)(A) or (C), as from time to time amended, the court may limit the award to a creditor of the settlor under subdivision (1) or (2) of this subsection to such relief as is appropriate under the circumstances, considering, among any other factors determined to be appropriate by the court, the supplemental needs of the beneficiary.
293	293
294	294	(4) A creditor or assignee of the settlor may not reach the assets of an irrevocable trust, in whole or in part, solely because of the existence of a discretionary power granted to the trustee by the terms of the trust, or any other provision of law, to pay directly to the taxing authorities or to reimburse the settlor for any tax on trust income or principal which is payable by the settlor under the law imposing such tax.
295	295
296	296	(5) A creditor or assignee of a settlor may not reach the assets of an irrevocable trust except in accordance with the terms of the trust instrument if (A) all of the settlors of the trust are commercial entities organized to conduct business activities; (B) at least one trustee is a commercial entity organized to conduct business activities; and (C) the trust is created by contract in order to facilitate a business purpose of the settlors.
297	297
298	298	(6) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, except as otherwise provided in section 45a-472 of the general statutes, the property of a trust that was revocable at the settlor's death is subject to claims of the settlor's creditors, costs of administration of the settlor's estate, the expenses of the settlor's funeral and disposal of remains, to the extent the settlor's probate estate is inadequate to satisfy such claims, costs, expenses and allowance.
299	299
300	300	(b) With respect to claims, expenses and taxes in connection with the settlement of a trust that was revocable at the settlor's death, the following rules apply:
301	301
302	302	(1) Any claim of a creditor that would be barred against the fiduciary of a decedent's estate, the estate of the decedent or any creditor or beneficiary of the decedent's estate, shall be barred against the trustee, the trust property and the creditors and beneficiaries of the trust.
303	303
304	304	(2) The trustee may use the optional notice procedures set forth in section 45a-357 of the general statutes and, upon the trustee's compliance with such procedures, any person notified in accordance with said section shall be forever barred from asserting or recovering on any claim such person may have from the trustee, the trust property or any creditor or beneficiary of the trust.
305	305
306	306	(3) The provisions of section 45a-365 of the general statutes concerning the order of payment of claims, expenses and taxes shall apply to the settlement of the revocable trust.
307	307
308	308	(4) In the event that an application for administration or probate has been filed for the estate of the settlor of a trust, if the trustee of such trust, within thirty days from the appointment of the first fiduciary of the settlor's estate, has filed a notice with the probate court having jurisdiction of the settlor's estate setting forth the name and address of the trustee, no trustee of such trust shall be chargeable for any assets that a trustee may have paid or distributed in good faith in satisfaction of any lawful claims, expenses or taxes or to any beneficiary before such claim was presented if such claim was not presented in writing to the fiduciary of the settlor's estate or the trustee within one hundred fifty days from the date of the appointment of the first fiduciary of the settlor's estate. If no fiduciary of the settlor's estate has been appointed or if no such notice is filed by the trustee within thirty days from the appointment of the first fiduciary of the settlor's estate, no trustee of such trust shall be chargeable for any assets that a trustee may have paid or distributed in good faith in satisfaction of any lawful claims, expenses or taxes or to any beneficiary before such claim was presented if such claim was not presented in writing to the trustee within one hundred fifty days from the date of the publication of a newspaper notice in accordance with subdivision (5) of this subsection. A payment or distribution of assets by a trustee shall be deemed to have been made in good faith unless the creditor can prove that the trustee had actual knowledge of such claim at the time of such payment or distribution. Such one-hundred-fifty-day period shall not be interrupted or affected by the death, resignation or removal of a trustee, except that the time during which there is no fiduciary in office shall not be counted as part of such period. Under no circumstances shall the trustee be compelled by the court or a creditor to provide a copy of any trust agreement to any party or to the court based upon the filing of such a notice.
309	309
310	310	(5) A trustee may cause newspaper notice to be published at least once notifying all persons having claims to present their claims to the trustee. Such newspaper notice shall state: (A) The name of the trustee and the address at which claims should be presented; (B) that persons with claims should promptly present those claims to the trustee; and (C) that failure to promptly present any such claim may result in the loss of right to recover on such claim.
311	311
312	312	(c) For the purposes of this section:
313	313
314	314	(1) Except as otherwise provided in section 45 of this act, during the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power; and
315	315
316	316	(2) Upon the lapse, release or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release or waiver exceeds the greater of the amount specified in Section 2041(b)(2) or 2514(e) of the Internal Revenue Code of 1986, and the regulations thereunder, or Section 2503(b) of the Internal Revenue Code of 1986, and the regulations thereunder, in each case as in effect on the effective date of this section.
317	317
318	318	Sec. 43. (NEW) (Effective July 1, 2011) Except as otherwise provided in section 45 of this act, whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the mandated distribution date.
319	319
320	320	Sec. 44. (NEW) (Effective July 1, 2011) Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
321	321
322	322	Sec. 45. (NEW) (Effective July 1, 2011) (a) For all purposes under sections 38 to 45, inclusive, of this act, whether or not a trust contains a spendthrift provision, a creditor of a beneficiary, other than the settlor if the settlor is a beneficiary of the trust, may not attach or compel a distribution of property that is subject:
323	323
324	324	(1) To a power of withdrawal held by the beneficiary if the value of the property subject to the power does not exceed the greater of the amount specified in Section 2041(b)(2) or 2514(e) of the Internal Revenue Code of 1986, and the regulations thereunder, or Section 2503(b) of the Internal Revenue Code of 1986, and the regulations thereunder, in each case as in effect on the effective date of this section;
325	325
326	326	(2) Except as otherwise provided in subsection (c) of section 41 of this act, to a power, whether mandatory or discretionary, held by the trustee of the trust, including a power held by the beneficiary as the sole trustee or a cotrustee of the trust, to make distributions to or for the benefit of the beneficiary, if the power is exercisable by the trustee only in accordance with an ascertainable standard relating to such beneficiary's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or Section 2514(c)(1) of the Internal Revenue Code of 1986, and the regulations thereunder, as in effect on the effective date of this section; or
327	327
328	328	(3) To a power, whether mandatory or discretionary, held by the trustee of the trust, including a power held by the beneficiary as the sole trustee or a cotrustee of the trust, to make distributions to or for the benefit of a person who the beneficiary has an obligation to support, if the power is exercisable by the trustee only in accordance with an ascertainable standard relating to such person's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or Section 2514(c)(1) of the Internal Revenue Code of 1986, and the regulations thereunder, as in effect on the effective date of this section.
329	329
330	330	(b) A beneficiary holding a power set forth in subsection (a) of this section shall not, during the period the power may be exercised or upon the lapse, release or waiver of the power, be treated as a settlor of the trust.
331	331
332	332	(c) Sections 38 to 45, inclusive, of this act shall not apply to statutory trusts created pursuant to chapter 615 of the general statutes to the extent inconsistent with the terms of chapter 615 of the general statutes.
333	333
334	334	Sec. 46. (NEW) (Effective July 1, 2011) The capacity required to create, amend, revoke or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
335	335
336	336	Sec. 47. (NEW) (Effective July 1, 2011) (a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply (1) to a trust created under an instrument executed before the effective date of this section, (2) charitable pledges, or (3) other charitable gifts in which the charitable interest has otherwise vested.
337	337
338	338	(b) If a revocable trust is created or funded by more than one settlor: (1) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone, but may be amended only by joint action of both spouses; and (2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to such settlor's contribution.
339	339
340	340	(c) (1) The settlor may revoke or amend a revocable trust by substantial compliance with a method provided in the terms of the trust.
341	341
342	342	(2) If the terms of the trust do not provide a method, or the method provided in the terms is not expressly made exclusive, the settlor may revoke or amend a revocable trust by (A) executing a later will or codicil that has been admitted to probate and that expressly refers to the trust or expressly devises specifically identified items of real or personal property that would otherwise have passed according to the terms of the trust, or (B) any other method manifesting clear and convincing evidence of the settlor's intent, provided (i) a written revocable trust may only be amended by a later written instrument, and (ii) a written revocable trust may only be revoked by a later written instrument or by the burning, cancellation, tearing or obliteration of the revocable trust by the settlor or by some person in the settlor's presence and at the settlor's direction.
343	343
344	344	(d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.
345	345
346	346	(e) A settlor's powers with respect to revocation, amendment or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust and the power of attorney.
347	347
348	348	(f) Unless expressly prohibited by the terms of the trust, a conservator of the settlor may exercise a settlor's powers with respect to revocation, amendment or distribution of trust property with the approval of the trustee and the court supervising the conservatorship.
349	349
350	350	(g) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
351	351
352	352	(h) A trust created pursuant to 42 USC 1396p(d)(4), as from time to time amended, is irrevocable if the terms of the trust prohibit the settlor from revoking it, even if the settlor's estate or the settlor's heirs at law are named as the remainder beneficiary of the trust upon the settlor's death.
353	353
354	354	Sec. 48. (NEW) (Effective July 1, 2011) (a) While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.
355	355
356	356	(b) If a revocable trust has more than one settlor, the duties of the trustee are owed to all of the settlors having capacity to revoke the trust.
357	357
358	358	(c) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
359	359
360	360	Sec. 49. (NEW) (Effective July 1, 2011) (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:
361	361
362	362	(1) Two years after the settlor's death; or
363	363
364	364	(2) One hundred fifty days after 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 shall have the right to 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.
365	365
366	366	(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 within sixty days after the contestant sent the notification; or (3) the trustee failed to give notice in accordance with section 67 of this act.
367	367
368	368	(c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
369	369
370	370	Sec. 50. (NEW) (Effective July 1, 2011) (a) Except as otherwise 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.
371	371
372	372	(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 time after knowing of the designation is deemed to have rejected the trusteeship.
373	373
374	374	(c) A person designated as trustee, without accepting the trusteeship, may: (1) Act to preserve the trust property if, within a reasonable time 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 to determine potential liability under state or federal environmental or other law or for any other purpose.
375	375
376	376	(d) A testamentary trustee that is a foreign corporation shall also comply with section 45a-206 of the general statutes.
377	377
378	378	Sec. 51. (NEW) (Effective July 1, 2011) (a) A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and, in the case of noncharitable trusts, the court has not dispensed with the requirement.
379	379
380	380	(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.
381	381
382	382	Sec. 52. (NEW) (Effective July 1, 2011) (a) Cotrustees who are unable to reach a unanimous decision may act by majority decision.
383	383
384	384	(b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.
385	385
386	386	(c) 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.
387	387
388	388	(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.
389	389
390	390	(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.
391	391
392	392	(f) Except as otherwise 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.
393	393
394	394	(g) Each 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.
395	395
396	396	(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.
397	397
398	398	Sec. 53. (NEW) (Effective July 1, 2011) (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.
399	399
400	400	(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.
401	401
402	402	(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 such terms; (2) in the case of a noncharitable trust, by a person appointed by unanimous agreement of the qualified beneficiaries; or (3) by a person appointed by the court.
403	403
404	404	(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.
405	405
406	406	Sec. 54. (NEW) (Effective July 1, 2011) (a) A trustee of an inter vivos trust may resign without court approval upon at least thirty days notice to either: (1) The qualified beneficiaries, the settlor, if living, and all cotrustees; or (2) the court.
407	407
408	408	(b) A trustee of a testamentary trust may resign: (1) Without court approval upon at least thirty days notice to the qualified beneficiaries and the court; or (2) with the approval of the court.
409	409
410	410	(c) In approving a resignation pursuant to subdivision (2) of 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.
411	411
412	412	(d) Any liability of a resigning 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.
413	413
414	414	Sec. 55. (NEW) (Effective July 1, 2011) (a) The settlor of a noncharitable trust, the settlor of a charitable trust who has expressed the right to do so, the Attorney General in the case of a charitable trust, a cotrustee or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
415	415
416	416	(b) The court may remove a trustee if:
417	417
418	418	(1) The trustee has committed a serious breach of trust;
419	419
420	420	(2) Lack of cooperation among cotrustees substantially impairs the administration of the trust;
421	421
422	422	(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
423	423
424	424	(4) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that 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 a suitable cotrustee or successor trustee is available. A successor corporate fiduciary shall not be removed in such a manner as to discriminate 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 of the general statutes.
425	425
426	426	Sec. 56. (NEW) (Effective July 1, 2011) (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.
427	427
428	428	(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.
429	429
430	430	Sec. 57. (NEW) (Effective July 1, 2011) (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.
431	431
432	432	(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.
433	433
434	434	Sec. 58. (NEW) (Effective July 1, 2011) (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.
435	435
436	436	(b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
437	437
438	438	Sec. 59. (NEW) (Effective July 1, 2011) Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes, the intentions of the settlor and the interests of the beneficiaries, and in accordance with sections 1 to 86, inclusive, of this act.
439	439
440	440	Sec. 60. (NEW) (Effective July 1, 2011) (a) A trustee shall invest and manage the trust assets solely in the interests of the beneficiaries.
441	441
442	442	(b) Subject to the rights of persons dealing with or assisting the trustee as provided in section 82 of this act, a sale, encumbrance or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account or which is otherwise affected by a conflict between the trustee's fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless: (1) The transaction was authorized by the terms of the trust; (2) the transaction was approved by the court; (3) the beneficiary did not commence a judicial proceeding within the time allowed by section 75 of this act; (4) the beneficiary consented to the trustee's conduct, ratified the transaction or released the trustee as provided in section 79 of this act; or (5) the transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee.
443	443
444	444	(c) A sale, encumbrance or other transaction involving the investment or management of trust property is presumed to be affected by a conflict between personal and fiduciary interests if it is entered into by the trustee with: (1) The trustee's spouse; (2) the trustee's descendants, sibling, parents or their spouses; (3) an agent or attorney of the trustee; or (4) a corporation or other person or enterprise in which the trustee, or a person that owns a significant interest in the trustee, has an interest that might affect the trustee's best judgment.
445	445
446	446	(d) A transaction between a trustee and a beneficiary that does not concern trust property but that occurs during the existence of the trust or while the trustee retains significant influence over the beneficiary and from which the trustee obtains an advantage is voidable by the beneficiary unless the trustee establishes that the transaction was fair to the beneficiary.
447	447
448	448	(e) A transaction not concerning trust property in which the trustee engages in the trustee's individual capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the trust.
449	449
450	450	(f) The following transactions are not presumed to be affected by a conflict of interest between a trustee's personal and fiduciary interests, provided the transaction and any investment made pursuant to the transaction complies with the Connecticut Uniform Prudent Investor Act, sections 45a-541 to 45a-541l, inclusive, of the general statutes, is in the best interests of the beneficiaries, and is not prohibited by the governing instrument: (1) An investment by a trustee in securities of an investment company or investment trust to which the trustee, or its affiliate, provides services in a capacity other than as trustee; (2) an investment by a trustee in an insurance contract purchased from an insurance agency owned by, or affiliated with, the trustee or its affiliate; or (3) the placing of securities transactions by a trustee through a securities broker that is a part of the same company as the trustee, is owned by the trustee or is affiliated with the trustee.
451	451
452	452	(g) In voting shares of stock or in exercising powers of control over similar interests in other forms of enterprise, the trustee shall act in the best interests of the beneficiaries. If the trust is the sole owner of a corporation or other form of enterprise, the trustee shall elect or appoint directors or other managers who will manage the corporation or enterprise in the best interests of the beneficiaries.
453	453
454	454	(h) This section does not preclude the following transactions, if fair to the beneficiaries: (1) An agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee; (2) payment of reasonable compensation to the trustee; (3) a transaction between a trust and another trust, decedent's estate or conservatorship of which the trustee is a fiduciary or in which a beneficiary has an interest; (4) a deposit of trust money in a regulated financial service institution operated by the trustee; or (5) an advance by the trustee of money for the protection of the trust.
455	455
456	456	(i) The court may appoint a special fiduciary to make a decision with respect to any proposed transaction that might violate this section if entered into by the trustee.
457	457
458	458	Sec. 61. (NEW) (Effective July 1, 2011) A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill and caution.
459	459
460	460	Sec. 62. (NEW) (Effective July 1, 2011) (a) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.
461	461
462	462	(b) If the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of such power unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding such power owes to the beneficiaries of the trust.
463	463
464	464	(c) The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.
465	465
466	466	(d) A person, other than a beneficiary, who holds a power to direct as specified in subsection (b) or (c) of this section is presumptively a fiduciary and is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from breach of a fiduciary duty.
467	467
468	468	Sec. 63. (NEW) (Effective July 1, 2011) A trustee shall take reasonable steps to take control of and protect the trust property.
469	469
470	470	Sec. 64. (NEW) (Effective July 1, 2011) (a) A trustee shall keep adequate records of the administration of the trust.
471	471
472	472	(b) A trustee shall keep trust property separate from the trustee's own property.
473	473
474	474	(c) Except as otherwise provided in subsection (d) of this section, a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.
475	475
476	476	(d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.
477	477
478	478	Sec. 65. (NEW) (Effective July 1, 2011) A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
479	479
480	480	Sec. 66. (NEW) (Effective July 1, 2011) A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee.
481	481
482	482	Sec. 67. (NEW) (Effective July 1, 2011) (a) Unless, under the circumstances, disclosure is unreasonable: (1) A trustee shall keep the current beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests; and (2) a trustee shall promptly respond to a qualified beneficiary's request for trustee's reports and other information reasonably related to the administration of the trust.
483	483
484	484	(b) A trustee: (1) Upon request of a qualified beneficiary, shall promptly furnish to the qualified beneficiary a copy of the trust instrument; (2) within sixty days after accepting a trusteeship, shall notify the current beneficiaries of the acceptance and of the trustee's name, address and telephone number; and (3) within sixty days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the current beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument and of the right to trustee's reports.
485	485
486	486	(c) A trustee shall send to the current beneficiaries of the trust, and to other qualified beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values. Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report shall be sent to the current beneficiaries by the former trustee. An executor, administrator or conservator may send the current beneficiaries a report on behalf of a deceased or incapacitated trustee.
487	487
488	488	(d) A current or qualified beneficiary may waive the right to trustee's reports or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.
489	489
490	490	(e) Judicial approval of a trustee's report forecloses claims as to those given notice of the proceeding as to matters disclosed in the report.
491	491
492	492	Sec. 68. (NEW) (Effective July 1, 2011) (a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute", "sole" or "uncontrolled", the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust, the intentions of the settlor and the interests of the beneficiaries.
493	493
494	494	(b) Subject to subsection (d) of this section, and unless the terms of the trust expressly indicate that a rule in this subsection does not apply: (1) A person, other than a settlor, who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard relating to the trustee's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended; and (2) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.
495	495
496	496	(c) A power to make discretionary distributions, the exercise of which is limited or prohibited by subsection (b) of this section, may be exercised by a majority of the remaining trustees whose exercise of such power is not so limited or prohibited. If the exercise of such power by all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise such power.
497	497
498	498	(d) Subsection (b) of this section does not apply to: (1) A power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or 2523(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, was previously allowed; (2) any trust during any period that the trust may be revoked or amended by its settlor; or (3) a trust, if contributions to the trust qualify for the annual exclusion under Section 2503(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.
499	499
500	500	Sec. 69. (NEW) (Effective July 1, 2011) (a) A trustee, without authorization by the court, may exercise: (1) Powers conferred by the terms of the trust; and (2) except as limited by the terms of the trust, (A) all powers over the trust property which an unmarried competent owner has over individually-owned property, (B) any other powers appropriate to achieve the proper investment, management and distribution of the trust property, and (C) any other powers conferred by sections 1 to 86, inclusive, of this act.
501	501
502	502	(b) The exercise of any power is subject to the fiduciary duties prescribed by sections 59 to 71, inclusive, of this act.
503	503
504	504	Sec. 70. (NEW) (Effective July 1, 2011) (a) Without limiting the authority conferred by section 69 of this act, a trustee may:
505	505
506	506	(1) Collect trust property and accept or reject additions to the trust property from a settlor or any other person;
507	507
508	508	(2) Acquire or sell property, for cash or on credit, at public or private sale;
509	509
510	510	(3) Exchange, partition or otherwise change the character of trust property;
511	511
512	512	(4) Deposit trust money in an account in a regulated financial service institution;
513	513
514	514	(5) Borrow money, with or without security, and mortgage or pledge trust property for a period within or extending beyond the duration of the trust;
515	515
516	516	(6) With respect to an interest in a proprietorship, partnership, limited liability company, business trust, corporation or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members or property owners, including merging, dissolving or otherwise changing the form of business organization or contributing additional capital;
517	517
518	518	(7) With respect to stocks or other securities, exercise the rights of an absolute owner, including the right to (A) vote or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement, (B) hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery, (C) pay calls, assessments and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights, and (D) deposit the securities with a depositary or other regulated financial service institution;
519	519
520	520	(8) With respect to an interest in real property, construct or make ordinary or extraordinary repairs to, alterations to or improvements in buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, and make or vacate plats and adjust boundaries;
521	521
522	522	(9) Enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust;
523	523
524	524	(10) Grant an option involving a sale, lease or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so acquired;
525	525
526	526	(11) Insure the property of the trust against damage or loss, and insure the trustee, the trustee's agents and beneficiaries against liability arising from the administration of the trust;
527	527
528	528	(12) Abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration;
529	529
530	530	(13) With respect to possible liability for violation of environmental law, (A) inspect or investigate property the trustee holds or has been asked to hold, or property owned or operated by an organization in which the trustee holds or has been asked to hold an interest, for the purpose of determining the application of environmental law with respect to the property, (B) take action to prevent, abate or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement, (C) decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of environmental law, (D) compromise claims against the trust which may be asserted for an alleged violation of environmental law, and (E) pay the expense of any inspection, review, abatement or remedial action to comply with environmental law;
531	531
532	532	(14) Pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust;
533	533
534	534	(15) Pay taxes, assessments, compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the administration of the trust;
535	535
536	536	(16) Exercise elections with respect to federal, state and local taxes;
537	537
538	538	(17) Select a mode of payment under any employee benefit or retirement plan, annuity or life insurance payable to the trustee, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds;
539	539
540	540	(18) Make loans out of trust property, including loans to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances, with the trustee having a lien on future distributions for repayment of such loans;
541	541
542	542	(19) Pledge trust property to guarantee loans made by others to the beneficiary;
543	543
544	544	(20) Appoint a trustee to act in another jurisdiction with respect to trust property located in the other jurisdiction, confer upon such appointed trustee all of the powers and duties of the appointing trustee, require that such appointed trustee furnish security, and remove any trustee so appointed;
545	545
546	546	(21) Pay an amount distributable to a beneficiary who is under a legal disability or who the trustee reasonably believes is incapacitated, by: (A) Paying it directly to the beneficiary or applying it for the beneficiary's benefit; (B) paying it to the beneficiary's conservator; (C) paying it to the beneficiary's custodian under the Uniform Transfers to Minors Act or to the beneficiary's custodial trustee under the Uniform Custodial Trust Act, and, for such purpose, creating a custodianship or custodial trust; (D) if the trustee does not know of a conservator, custodian or custodial trustee, paying it to an adult relative or other person having legal or physical care or custody of the beneficiary, to be expended on the beneficiary's behalf; or (E) managing it as a separate fund on the beneficiary's behalf, subject to the beneficiary's continuing right to withdraw the distribution;
547	547
548	548	(22) On distribution of trust property or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value the trust property for such purposes and adjust for resulting differences in valuation;
549	549
550	550	(23) Resolve a dispute concerning the interpretation of the trust or its administration by mediation, arbitration or other procedure for alternative dispute resolution;
551	551
552	552	(24) Prosecute or defend an action, claim or judicial proceeding in any jurisdiction to protect trust property and the trustee in the performance of the trustee's duties;
553	553
554	554	(25) Sign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee's powers; and
555	555
556	556	(26) On termination of the trust, exercise the powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to it.
557	557
558	558	(b) The powers set forth in subsection (a) of this section shall not apply to a charitable trust to the extent that their exercise would give the trustee the authority to deviate from a stated charitable purpose or violate a restricted gift.
559	559
560	560	Sec. 71. (NEW) (Effective July 1, 2011) (a) Upon termination or partial termination of a trust, the trustee of an inter vivos trust may send to the qualified beneficiaries a proposal for distribution. The right of any beneficiary to whom the trustee has sent the proposal to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection not later than thirty days after the proposal was sent, but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.
561	561
562	562	(b) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses and taxes.
563	563
564	564	(c) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent: (1) It was induced by improper conduct of the trustee; or (2) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.
565	565
566	566	Sec. 72. (NEW) (Effective July 1, 2011) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
567	567
568	568	Sec. 73. (NEW) (Effective July 1, 2011) (a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or (2) the profit the trustee made by reason of the breach.
569	569
570	570	(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
571	571
572	572	Sec. 74. (NEW) (Effective July 1, 2011) (a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.
573	573
574	574	(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.
575	575
576	576	Sec. 75. (NEW) (Effective July 1, 2011) (a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date 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.
577	577
578	578	(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.
579	579
580	580	(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 two years after the first to occur of: (1) The removal or resignation of the trustee; (2) the termination of the beneficiary's interest in the trust; or (3) the termination of the trust.
581	581
582	582	(d) In a proceeding involving a charitable trust, any notice that is required to be given to the Attorney General under this section shall include a copy of the trust instrument.
583	583
584	584	Sec. 76. (NEW) (Effective July 1, 2011) 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.
585	585
586	586	Sec. 77. (NEW) (Effective July 1, 2011) If the happening of an event, including marriage, divorce, performance of educational requirements or death, affects the 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.
587	587
588	588	Sec. 78. (NEW) (Effective July 1, 2011) (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.
589	589
590	590	(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.
591	591
592	592	Sec. 79. (NEW) (Effective July 1, 2011) 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.
593	593
594	594	Sec. 80. (NEW) (Effective July 1, 2011) (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.
595	595
596	596	(b) Except as otherwise limited by any provision of the general statutes, a 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.
597	597
598	598	(c) A claim 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, 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.
599	599
600	600	Sec. 81. (NEW) (Effective July 1, 2011) (a) Except as otherwise 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, of the general statutes, or the Uniform Limited Partnership Act, sections 34-9 to 34-38u, inclusive, of the general statutes.
601	601
602	602	(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.
603	603
604	604	(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.
605	605
606	606	(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.
607	607
608	608	Sec. 82. (NEW) (Effective July 1, 2011) (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.
609	609
610	610	(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.
611	611
612	612	(c) A person who in good faith delivers assets to a trustee need not ensure their proper application.
613	613
614	614	(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 trustee has terminated, is protected from liability as if the former trustee were still a trustee.
615	615
616	616	(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.
617	617
618	618	Sec. 83. (NEW) (Effective July 1, 2011) (a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, or the Attorney General's office in the case of a charitable trust, 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.
619	619
620	620	(b) A certification of trust may be signed or otherwise authenticated by any trustee.
621	621
622	622	(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.
623	623
624	624	(d) A certification of trust need not contain the dispositive terms of a trust.
625	625
626	626	(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.
627	627
628	628	(f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein 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.
629	629
630	630	(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.
631	631
632	632	(h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.
633	633
634	634	(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.
635	635
636	636	Sec. 84. (NEW) (Effective July 1, 2011) In applying and construing the uniform provisions of sections 1 to 86, inclusive, of this act, consideration must be given to the need to promote uniformity of the law with respect to the subject matter among states that enact such uniform provisions.
637	637
638	638	Sec. 85. (NEW) (Effective July 1, 2011) If any provision of sections 1 to 86, inclusive, of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of sections 1 to 86, inclusive, of this act which can be given effect without the invalid provision or application, and to this end the provisions of sections 1 to 86, inclusive, of this act are severable.
639	639
640	640	Sec. 86. (NEW) (Effective July 1, 2011) (a) Except as otherwise provided in sections 1 to 86, inclusive, of this act, on the effective date of this section:
641	641
642	642	(1) Sections 1 to 86, inclusive, of this act apply to all trusts created before, on or after the effective date of this section;
643	643
644	644	(2) Sections 1 to 86, inclusive, of this act apply to all judicial proceedings concerning trusts commenced on or after the effective date of this section;
645	645
646	646	(3) Sections 1 to 86, inclusive, of this act apply to judicial proceedings concerning trusts commenced before the effective date of this section, unless the court finds that application of a particular provision of sections 1 to 86, inclusive, of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of sections 1 to 86, inclusive, of this act does not apply and the superseded law applies;
647	647
648	648	(4) Any rule of construction or presumption provided in sections 1 to 86, inclusive, of this act applies to trust instruments executed before the effective date of this section unless there is a clear indication of a contrary intent in the terms of the trust;
649	649
650	650	(5) An act done before the effective date of this section is not affected by sections 1 to 86, inclusive, of this act;
651	651
652	652	(6) The ninety-year period specified in subdivision (1) of section 29 of this act shall only apply to trusts that become irrevocable on or after the effective date of this section;
653	653
654	654	(7) The provisions of subdivision (4) of subsection (a) of section 42 of this act shall only apply to revocable trusts of settlors dying on or after the effective date of this section; and
655	655
656	656	(8) The provisions of subdivision (2) of subsection (a) and subsections (b) and (c) of section 67 of this act shall only apply to trusts that become irrevocable on or after the effective date of this section.
657	657
658	658	(b) If a right is acquired, extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of this section, such statute continues to apply to the right even if it has been repealed or superseded.
659	659
660	660
661	661
662	662
663	663	This act shall take effect as follows and shall amend the following sections:
664	664	Section 1 July 1, 2011 New section
665	665	Sec. 2 July 1, 2011 New section
666	666	Sec. 3 July 1, 2011 New section
667	667	Sec. 4 July 1, 2011 New section
668	668	Sec. 5 July 1, 2011 New section
669	669	Sec. 6 July 1, 2011 New section
670	670	Sec. 7 July 1, 2011 New section
671	671	Sec. 8 July 1, 2011 New section
672	672	Sec. 9 July 1, 2011 New section
673	673	Sec. 10 July 1, 2011 New section
674	674	Sec. 11 July 1, 2011 New section
675	675	Sec. 12 July 1, 2011 New section
676	676	Sec. 13 July 1, 2011 New section
677	677	Sec. 14 July 1, 2011 New section
678	678	Sec. 15 July 1, 2011 New section
679	679	Sec. 16 July 1, 2011 New section
680	680	Sec. 17 July 1, 2011 New section
681	681	Sec. 18 July 1, 2011 New section
682	682	Sec. 19 July 1, 2011 New section
683	683	Sec. 20 July 1, 2011 New section
684	684	Sec. 21 July 1, 2011 New section
685	685	Sec. 22 July 1, 2011 New section
686	686	Sec. 23 July 1, 2011 New section
687	687	Sec. 24 July 1, 2011 New section
688	688	Sec. 25 July 1, 2011 New section
689	689	Sec. 26 July 1, 2011 New section
690	690	Sec. 27 July 1, 2011 New section
691	691	Sec. 28 July 1, 2011 New section
692	692	Sec. 29 July 1, 2011 New section
693	693	Sec. 30 July 1, 2011 New section
694	694	Sec. 31 July 1, 2011 New section
695	695	Sec. 32 July 1, 2011 New section
696	696	Sec. 33 July 1, 2011 New section
697	697	Sec. 34 July 1, 2011 New section
698	698	Sec. 35 July 1, 2011 New section
699	699	Sec. 36 July 1, 2011 New section
700	700	Sec. 37 July 1, 2011 New section
701	701	Sec. 38 July 1, 2011 New section
702	702	Sec. 39 July 1, 2011 New section
703	703	Sec. 40 July 1, 2011 New section
704	704	Sec. 41 July 1, 2011 New section
705	705	Sec. 42 July 1, 2011 New section
706	706	Sec. 43 July 1, 2011 New section
707	707	Sec. 44 July 1, 2011 New section
708	708	Sec. 45 July 1, 2011 New section
709	709	Sec. 46 July 1, 2011 New section
710	710	Sec. 47 July 1, 2011 New section
711	711	Sec. 48 July 1, 2011 New section
712	712	Sec. 49 July 1, 2011 New section
713	713	Sec. 50 July 1, 2011 New section
714	714	Sec. 51 July 1, 2011 New section
715	715	Sec. 52 July 1, 2011 New section
716	716	Sec. 53 July 1, 2011 New section
717	717	Sec. 54 July 1, 2011 New section
718	718	Sec. 55 July 1, 2011 New section
719	719	Sec. 56 July 1, 2011 New section
720	720	Sec. 57 July 1, 2011 New section
721	721	Sec. 58 July 1, 2011 New section
722	722	Sec. 59 July 1, 2011 New section
723	723	Sec. 60 July 1, 2011 New section
724	724	Sec. 61 July 1, 2011 New section
725	725	Sec. 62 July 1, 2011 New section
726	726	Sec. 63 July 1, 2011 New section
727	727	Sec. 64 July 1, 2011 New section
728	728	Sec. 65 July 1, 2011 New section
729	729	Sec. 66 July 1, 2011 New section
730	730	Sec. 67 July 1, 2011 New section
731	731	Sec. 68 July 1, 2011 New section
732	732	Sec. 69 July 1, 2011 New section
733	733	Sec. 70 July 1, 2011 New section
734	734	Sec. 71 July 1, 2011 New section
735	735	Sec. 72 July 1, 2011 New section
736	736	Sec. 73 July 1, 2011 New section
737	737	Sec. 74 July 1, 2011 New section
738	738	Sec. 75 July 1, 2011 New section
739	739	Sec. 76 July 1, 2011 New section
740	740	Sec. 77 July 1, 2011 New section
741	741	Sec. 78 July 1, 2011 New section
742	742	Sec. 79 July 1, 2011 New section
743	743	Sec. 80 July 1, 2011 New section
744	744	Sec. 81 July 1, 2011 New section
745	745	Sec. 82 July 1, 2011 New section
746	746	Sec. 83 July 1, 2011 New section
747	747	Sec. 84 July 1, 2011 New section
748	748	Sec. 85 July 1, 2011 New section
749	749	Sec. 86 July 1, 2011 New section
750	750
751	751	This act shall take effect as follows and shall amend the following sections:
752	752
753	753	Section 1
754	754
755	755	July 1, 2011
756	756
757	757	New section
758	758
759	759	Sec. 2
760	760
761	761	July 1, 2011
762	762
763	763	New section
764	764
765	765	Sec. 3
766	766
767	767	July 1, 2011
768	768
769	769	New section
770	770
771	771	Sec. 4
772	772
773	773	July 1, 2011
774	774
775	775	New section
776	776
777	777	Sec. 5
778	778
779	779	July 1, 2011
780	780
781	781	New section
782	782
783	783	Sec. 6
784	784
785	785	July 1, 2011
786	786
787	787	New section
788	788
789	789	Sec. 7
790	790
791	791	July 1, 2011
792	792
793	793	New section
794	794
795	795	Sec. 8
796	796
797	797	July 1, 2011
798	798
799	799	New section
800	800
801	801	Sec. 9
802	802
803	803	July 1, 2011
804	804
805	805	New section
806	806
807	807	Sec. 10
808	808
809	809	July 1, 2011
810	810
811	811	New section
812	812
813	813	Sec. 11
814	814
815	815	July 1, 2011
816	816
817	817	New section
818	818
819	819	Sec. 12
820	820
821	821	July 1, 2011
822	822
823	823	New section
824	824
825	825	Sec. 13
826	826
827	827	July 1, 2011
828	828
829	829	New section
830	830
831	831	Sec. 14
832	832
833	833	July 1, 2011
834	834
835	835	New section
836	836
837	837	Sec. 15
838	838
839	839	July 1, 2011
840	840
841	841	New section
842	842
843	843	Sec. 16
844	844
845	845	July 1, 2011
846	846
847	847	New section
848	848
849	849	Sec. 17
850	850
851	851	July 1, 2011
852	852
853	853	New section
854	854
855	855	Sec. 18
856	856
857	857	July 1, 2011
858	858
859	859	New section
860	860
861	861	Sec. 19
862	862
863	863	July 1, 2011
864	864
865	865	New section
866	866
867	867	Sec. 20
868	868
869	869	July 1, 2011
870	870
871	871	New section
872	872
873	873	Sec. 21
874	874
875	875	July 1, 2011
876	876
877	877	New section
878	878
879	879	Sec. 22
880	880
881	881	July 1, 2011
882	882
883	883	New section
884	884
885	885	Sec. 23
886	886
887	887	July 1, 2011
888	888
889	889	New section
890	890
891	891	Sec. 24
892	892
893	893	July 1, 2011
894	894
895	895	New section
896	896
897	897	Sec. 25
898	898
899	899	July 1, 2011
900	900
901	901	New section
902	902
903	903	Sec. 26
904	904
905	905	July 1, 2011
906	906
907	907	New section
908	908
909	909	Sec. 27
910	910
911	911	July 1, 2011
912	912
913	913	New section
914	914
915	915	Sec. 28
916	916
917	917	July 1, 2011
918	918
919	919	New section
920	920
921	921	Sec. 29
922	922
923	923	July 1, 2011
924	924
925	925	New section
926	926
927	927	Sec. 30
928	928
929	929	July 1, 2011
930	930
931	931	New section
932	932
933	933	Sec. 31
934	934
935	935	July 1, 2011
936	936
937	937	New section
938	938
939	939	Sec. 32
940	940
941	941	July 1, 2011
942	942
943	943	New section
944	944
945	945	Sec. 33
946	946
947	947	July 1, 2011
948	948
949	949	New section
950	950
951	951	Sec. 34
952	952
953	953	July 1, 2011
954	954
955	955	New section
956	956
957	957	Sec. 35
958	958
959	959	July 1, 2011
960	960
961	961	New section
962	962
963	963	Sec. 36
964	964
965	965	July 1, 2011
966	966
967	967	New section
968	968
969	969	Sec. 37
970	970
971	971	July 1, 2011
972	972
973	973	New section
974	974
975	975	Sec. 38
976	976
977	977	July 1, 2011
978	978
979	979	New section
980	980
981	981	Sec. 39
982	982
983	983	July 1, 2011
984	984
985	985	New section
986	986
987	987	Sec. 40
988	988
989	989	July 1, 2011
990	990
991	991	New section
992	992
993	993	Sec. 41
994	994
995	995	July 1, 2011
996	996
997	997	New section
998	998
999	999	Sec. 42
1000	1000
1001	1001	July 1, 2011
1002	1002
1003	1003	New section
1004	1004
1005	1005	Sec. 43
1006	1006
1007	1007	July 1, 2011
1008	1008
1009	1009	New section
1010	1010
1011	1011	Sec. 44
1012	1012
1013	1013	July 1, 2011
1014	1014
1015	1015	New section
1016	1016
1017	1017	Sec. 45
1018	1018
1019	1019	July 1, 2011
1020	1020
1021	1021	New section
1022	1022
1023	1023	Sec. 46
1024	1024
1025	1025	July 1, 2011
1026	1026
1027	1027	New section
1028	1028
1029	1029	Sec. 47
1030	1030
1031	1031	July 1, 2011
1032	1032
1033	1033	New section
1034	1034
1035	1035	Sec. 48
1036	1036
1037	1037	July 1, 2011
1038	1038
1039	1039	New section
1040	1040
1041	1041	Sec. 49
1042	1042
1043	1043	July 1, 2011
1044	1044
1045	1045	New section
1046	1046
1047	1047	Sec. 50
1048	1048
1049	1049	July 1, 2011
1050	1050
1051	1051	New section
1052	1052
1053	1053	Sec. 51
1054	1054
1055	1055	July 1, 2011
1056	1056
1057	1057	New section
1058	1058
1059	1059	Sec. 52
1060	1060
1061	1061	July 1, 2011
1062	1062
1063	1063	New section
1064	1064
1065	1065	Sec. 53
1066	1066
1067	1067	July 1, 2011
1068	1068
1069	1069	New section
1070	1070
1071	1071	Sec. 54
1072	1072
1073	1073	July 1, 2011
1074	1074
1075	1075	New section
1076	1076
1077	1077	Sec. 55
1078	1078
1079	1079	July 1, 2011
1080	1080
1081	1081	New section
1082	1082
1083	1083	Sec. 56
1084	1084
1085	1085	July 1, 2011
1086	1086
1087	1087	New section
1088	1088
1089	1089	Sec. 57
1090	1090
1091	1091	July 1, 2011
1092	1092
1093	1093	New section
1094	1094
1095	1095	Sec. 58
1096	1096
1097	1097	July 1, 2011
1098	1098
1099	1099	New section
1100	1100
1101	1101	Sec. 59
1102	1102
1103	1103	July 1, 2011
1104	1104
1105	1105	New section
1106	1106
1107	1107	Sec. 60
1108	1108
1109	1109	July 1, 2011
1110	1110
1111	1111	New section
1112	1112
1113	1113	Sec. 61
1114	1114
1115	1115	July 1, 2011
1116	1116
1117	1117	New section
1118	1118
1119	1119	Sec. 62
1120	1120
1121	1121	July 1, 2011
1122	1122
1123	1123	New section
1124	1124
1125	1125	Sec. 63
1126	1126
1127	1127	July 1, 2011
1128	1128
1129	1129	New section
1130	1130
1131	1131	Sec. 64
1132	1132
1133	1133	July 1, 2011
1134	1134
1135	1135	New section
1136	1136
1137	1137	Sec. 65
1138	1138
1139	1139	July 1, 2011
1140	1140
1141	1141	New section
1142	1142
1143	1143	Sec. 66
1144	1144
1145	1145	July 1, 2011
1146	1146
1147	1147	New section
1148	1148
1149	1149	Sec. 67
1150	1150
1151	1151	July 1, 2011
1152	1152
1153	1153	New section
1154	1154
1155	1155	Sec. 68
1156	1156
1157	1157	July 1, 2011
1158	1158
1159	1159	New section
1160	1160
1161	1161	Sec. 69
1162	1162
1163	1163	July 1, 2011
1164	1164
1165	1165	New section
1166	1166
1167	1167	Sec. 70
1168	1168
1169	1169	July 1, 2011
1170	1170
1171	1171	New section
1172	1172
1173	1173	Sec. 71
1174	1174
1175	1175	July 1, 2011
1176	1176
1177	1177	New section
1178	1178
1179	1179	Sec. 72
1180	1180
1181	1181	July 1, 2011
1182	1182
1183	1183	New section
1184	1184
1185	1185	Sec. 73
1186	1186
1187	1187	July 1, 2011
1188	1188
1189	1189	New section
1190	1190
1191	1191	Sec. 74
1192	1192
1193	1193	July 1, 2011
1194	1194
1195	1195	New section
1196	1196
1197	1197	Sec. 75
1198	1198
1199	1199	July 1, 2011
1200	1200
1201	1201	New section
1202	1202
1203	1203	Sec. 76
1204	1204
1205	1205	July 1, 2011
1206	1206
1207	1207	New section
1208	1208
1209	1209	Sec. 77
1210	1210
1211	1211	July 1, 2011
1212	1212
1213	1213	New section
1214	1214
1215	1215	Sec. 78
1216	1216
1217	1217	July 1, 2011
1218	1218
1219	1219	New section
1220	1220
1221	1221	Sec. 79
1222	1222
1223	1223	July 1, 2011
1224	1224
1225	1225	New section
1226	1226
1227	1227	Sec. 80
1228	1228
1229	1229	July 1, 2011
1230	1230
1231	1231	New section
1232	1232
1233	1233	Sec. 81
1234	1234
1235	1235	July 1, 2011
1236	1236
1237	1237	New section
1238	1238
1239	1239	Sec. 82
1240	1240
1241	1241	July 1, 2011
1242	1242
1243	1243	New section
1244	1244
1245	1245	Sec. 83
1246	1246
1247	1247	July 1, 2011
1248	1248
1249	1249	New section
1250	1250
1251	1251	Sec. 84
1252	1252
1253	1253	July 1, 2011
1254	1254
1255	1255	New section
1256	1256
1257	1257	Sec. 85
1258	1258
1259	1259	July 1, 2011
1260	1260
1261	1261	New section
1262	1262
1263	1263	Sec. 86
1264	1264
1265	1265	July 1, 2011
1266	1266
1267	1267	New section
1268	1268
1269	1269	Statement of Purpose:
1270	1270
1271	1271	To adopt the Connecticut Uniform Trust Code.
1272	1272
1273	1273	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]