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Connecticut · Through Revised to January 1, 2026 (2026 Supplement to the General Statutes of Connecticut, applied over the base revision of January 1, 2025)

Conn. Gen. Stat. § 45a-545v: Saving provision.

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Where this section sits in the code
  1. TITLE 45a. PROBATE COURTS AND PROCEDURE
  2. CHAPTER 802c*. TRUSTS
  3. PART IX. CONNECTICUT UNIFORM TRUST DECANTING ACT

(a) If exercise of the decanting power would be effective under sections 45a-545a to 45a-545cc, inclusive, except that the second-trust instrument in part does not comply with sections 45a-545a to 45a-545cc, inclusive, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:

(1) A provision in the second-trust instrument that is not permitted under sections 45a-545a to 45a-545cc, inclusive, is void to the extent necessary to comply with sections 45a-545a to 45a-545cc, inclusive.

(2) A provision required by sections 45a-545a to 45a-545cc, inclusive, to be in the second-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with sections 45a-545a to 45a-545cc, inclusive.

(b) If a trustee or other fiduciary of a second trust determines that subsection (a) of this section applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.

Collected 2026-09-06T19:07:15Z. Source file · JSON

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