The reference in a will or codicil to a trust document by which a devise or bequest is made to such trust shall not thereby cause such trust or such part of the assets thereof distributed to it by such devise or bequest to be subject to the jurisdiction of the probate court in which such will or codicil is admitted to probate.
(1953, S. 2929d; 1957, P.A. 575; 1959, P.A. 421; 1961, P.A. 470, S. 5; 1963, P.A. 642, S. 41.)
History: 1959 act deleted requirement that trust document be executed and acknowledged by testator, spouse, parent or child and witnessed by at least two persons, deleted requirement that substitute trustees be corporate trustees authorized to act as such within state and deleted provisions governing incorporation of trust provisions in will and administration of bequest or devise as a testamentary trust; 1961 act deleted detailed provisions specifying validity or invalidity of devise or bequest in will, retaining only provision which stated that reference to trust document in a will or codicil does not make trust subject to jurisdiction of probate court; 1963 act made technical correction, deleting repetition of words “by such trust or such part of the assets thereof distributed to it”; Sec. 45-173 transferred to Sec. 45a-259 in 1991.
Annotation to former section 45-173:
Retroactive effect, limited. 162 C. 130.
Structure Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802a - Wills: Execution and Construction
Section 45a-250. (Formerly Sec. 45-160). - Who may make a will.
Section 45a-257. (Formerly Sec. 45-162). - Revocation of will.
Section 45a-257d. - Effect of provisions re revocation of will to be construed by probate courts.
Section 45a-257f. - Revocation of will executed on or after January 1, 1997.
Section 45a-258. (Formerly Sec. 45-172). - Devise or bequest to subscribing witness.
Section 45a-259. (Formerly Sec. 45-173). - Reference to document creating trust.
Section 45a-260. (Formerly Sec. 45-173a). - Uniform Testamentary Additions to Trusts Act.
Section 45a-261. (Formerly Sec. 45-160a). - Effect of devise of all real property.
Section 45a-264. (Formerly Sec. 45-174a). - Reference to Internal Revenue Code.
Section 45a-267. (Formerly Sec. 45-184). - Bequest of perishable property for life or years.