(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (1) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or (2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(b) Except for terms intended to provide protection for carrying out a stated trust purpose, an exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
(P.A. 19-137, S. 73.)
History: P.A. 19-137 effective January 1, 2020.
Structure Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Section 45a-473. (Formerly Sec. 45-83). - Bonds of testamentary trustees.
Section 45a-474. (Formerly Sec. 45-84). - Vacancies in office of trustee.
Section 45a-476. (Formerly Sec. 45-86). - Legal title vests in trustee appointed to fill vacancy.
Section 45a-482. (Formerly Sec. 45-93a). - Distribution of assets of inoperative trust.
Section 45a-484. (Formerly Sec. 45-79c). - Termination of small trusts.
Section 45a-487j. - Short title: “Connecticut Qualified Dispositions in Trust Act”.
Section 45a-487k. - Definitions.
Section 45a-487l. - Appointment of trust director by transferor.
Section 45a-487n. - Irrevocability of trust instrument.
Section 45a-487o. - No retained interest of transferor.
Section 45a-487p. - Avoidance of qualified dispositions.
Section 45a-487q. - Persons not subject to qualified dispositions.
Section 45a-487r. - Effect of avoidance of qualified dispositions.
Section 45a-487s. - Applicability of sections 45a-487k to 45a-487r to qualified dispositions.
Section 45a-487t. - Applicability of rules.
Section 45a-490. - Short title: Uniform Statutory Rule Against Perpetuities.
Section 45a-491. - Statutory rule against perpetuities.
Section 45a-492. - When nonvested property interest or power of appointment created.
Section 45a-493. - Reformation.
Section 45a-494. - Exclusions from statutory rule against perpetuities.
Section 45a-495. - Prospective application.
Section 45a-496. - Uniformity of application and construction.
Section 45a-499a. - Short title: “Connecticut Uniform Trust Code”.
Section 45a-499aa. - Creation of trust induced by fraud, duress or undue influence.
Section 45a-499aaa. - Duty to administer trust.
Section 45a-499bb. - Evidence of oral trust.
Section 45a-499bbb. - Duty of loyalty.
Section 45a-499c. - Definitions.
Section 45a-499cc. - Noncharitable trust without ascertainable beneficiary.
Section 45a-499ccc. - Impartiality.
Section 45a-499d. - Knowledge.
Section 45a-499dd. - Modification or termination of trust; proceedings for approval or disapproval.
Section 45a-499ddd. - Prudent administration.
Section 45a-499e. - Default and mandatory rules.
Section 45a-499ee. - Modification or termination of noncharitable irrevocable trust by consent.
Section 45a-499eee. - Delegation by trustee.
Section 45a-499f. - Common law of trusts; principles of equity.
Section 45a-499fff. - Creditor's claims against settlor.
Section 45a-499g. - Governing law.
Section 45a-499ggg. - Control and protection of trust property.
Section 45a-499h. - Principal place of administration.
Section 45a-499hh. - Limitation on court authority to apply cy pres.
Section 45a-499hhh. - Recordkeeping and identification of trust property.
Section 45a-499i. - Methods and waiver of notice.
Section 45a-499ii. - Modification or termination of uneconomic trust.
Section 45a-499iii. - Enforcement and defense of claims.
Section 45a-499j. - Others treated as qualified beneficiaries.
Section 45a-499jj. - Reformation of noncharitable trust to correct mistakes.
Section 45a-499jjj. - Collecting trust property.
Section 45a-499k. - Nonjudicial settlement agreements.
Section 45a-499kk. - Modification to achieve settlor's tax objectives.
Section 45a-499kkk. - Trustee's duty to inform and report.
Section 45a-499l. - Insurable interest of trustee.
Section 45a-499ll. - Combination and division of trusts.
Section 45a-499lll. - Discretionary powers; tax savings.
Section 45a-499m. - Role of court in administration of trust.
Section 45a-499mm. - Personal obligations of trustee.
Section 45a-499mmm. - General powers of trustee.
Section 45a-499n. - Jurisdiction over trustee and beneficiary.
Section 45a-499nnn. - Specific powers of trustee.
Section 45a-499o. - Subject matter jurisdiction of Probate Courts and the Superior Court.
Section 45a-499oo. - Revocation or amendment of revocable trust.
Section 45a-499ooo. - Distribution of trust property upon termination.
Section 45a-499pp. - Settlor's powers; powers of withdrawal.
Section 45a-499ppp. - Breach of trust.
Section 45a-499q. - Representation: Basic effect.
Section 45a-499qqq. - Damages in absence of breach.
Section 45a-499r. - Representation by holder of general testamentary power of appointment.
Section 45a-499rr. - Accepting or declining trusteeship.
Section 45a-499rrr. - Limitation of action against trustee.
Section 45a-499ss. - Trustee's bond.
Section 45a-499sss. - Reliance on trust instrument.
Section 45a-499t. - Appointment of representative.
Section 45a-499tt. - Cotrustees.
Section 45a-499ttt. - Event affecting administration or distribution.
Section 45a-499u. - Designated representative.
Section 45a-499uu. - Vacancy in trusteeship; appointment of successor.
Section 45a-499uuu. - Exculpation of trustee.
Section 45a-499v. - Methods of creating trust.
Section 45a-499vv. - Resignation of trustee.
Section 45a-499vvv. - Beneficiary's consent, release or ratification.
Section 45a-499w. - Requirements for creation.
Section 45a-499ww. - Removal of trustee.
Section 45a-499www. - Limitation on personal liability of trustee.
Section 45a-499x. - Trusts created in other jurisdictions.
Section 45a-499xx. - Delivery of property by former trustee.
Section 45a-499xxx. - Interest as general partner.
Section 45a-499y. - Trust purposes.
Section 45a-499yy. - Compensation of trustee.
Section 45a-499yyy. - Protection of person dealing with trustee.
Section 45a-499z. - Charitable purposes; enforcement; conversion to new entity.
Section 45a-499zz. - Reimbursement of expenses.
Section 45a-499zzz. - Certification of trust.
Section 45a-500. - Uniformity of application and construction of trust.
Section 45a-500a. - Severability clause.
Section 45a-500b. - Short title: Connecticut Uniform Directed Trust Act.
Section 45a-500c. - Application; principal place of administration.
Section 45a-500d. - Common law and principles of equity.
Section 45a-500e. - Exclusions.
Section 45a-500f. - Powers of trust director.
Section 45a-500g. - Limitations on trust director.
Section 45a-500h. - Duty and liability of trust director.
Section 45a-500i. - Duty and liability of directed trustee.
Section 45a-500j. - Duty to provide information to trust director or trustee.
Section 45a-500k. - No duty to monitor, inform or advise.
Section 45a-500l. - Application to cotrustee.
Section 45a-500m. - Limitation of action against trust director.
Section 45a-500n. - Defenses in action against trust director.
Section 45a-500o. - Jurisdiction over trust director.
Section 45a-500p. - Office of trust director.
Section 45a-500q. - Uniformity of application and construction.
Section 45a-500r. - Relation to Electronic Signatures in Global and National Commerce Act.
Section 45a-503. (Formerly Sec. 45-95). - Rule against perpetuities. “Second look” doctrine.
Section 45a-504. (Formerly Sec. 45-96). - Reduction of age contingency to preserve interest.
Section 45a-506. (Formerly Sec. 45-98). - Limitations not invalidated, when.
Section 45a-507. (Formerly Sec. 45-99). - Application of rule.
Section 45a-514. (Formerly Sec. 45-79). - Charitable trusts.
Section 45a-515. (Formerly Sec. 45-80). - Charitable uses determined by trustee, when.
Section 45a-516. (Formerly Sec. 45-81). - Gifts to charitable community trust.
Section 45a-520. (Formerly Sec. 45-79b). - Termination of charitable trusts.
Section 45a-535. - Short title: Uniform Prudent Management of Institutional Funds Act.
Section 45a-535a. - Definitions.
Section 45a-535b. - Standard of conduct in managing and investing institutional funds.
Section 45a-535d. - Delegation of management and investment of institutional fund.
Section 45a-535f. - Determination of compliance with act.
Section 45a-535g. - Application to existing institutional funds.
Section 45a-535h. - Relation of act to Electronic Signatures in Global and National Commerce Act.
Section 45a-535i. - Uniformity of application and construction of act.
Section 45a-540. (Formerly Secs. 45-100a to 45-100c). - Powers in trust instruments act.
Section 45a-541. - Short title: Connecticut Uniform Prudent Investor Act.
Section 45a-541a. - Prudent investor rule.
Section 45a-541b. - Standard of care. Portfolio strategy. Risk and return objectives.
Section 45a-541c. - Diversification.
Section 45a-541d. - Duties at inception of trusteeship.
Section 45a-541f. - Impartiality.
Section 45a-541g. - Investment costs.
Section 45a-541h. - Reviewing compliance.
Section 45a-541i. - Delegation of investment and management functions.
Section 45a-541j. - Language invoking standards of act.
Section 45a-541k. - Uniformity of application and construction.
Section 45a-541l. - Applicability.
Section 45a-542. - Short title: Connecticut Principal and Income Act.
Section 45a-542a. - Definitions.
Section 45a-542aa. - Transfers from income to reimburse principal.
Section 45a-542b. - Fiduciary duties.
Section 45a-542bb. - Income taxes.
Section 45a-542c. - Trustee's power to adjust.
Section 45a-542cc. - Adjustments between principal and income as result of taxes.
Section 45a-542dd. - Uniformity of application and construction.
Section 45a-542e. - Distribution to beneficiaries.
Section 45a-542ee. - Severability clause.
Section 45a-542f. - Right to income.
Section 45a-542ff. - Application to existing trust or decedent's estate.
Section 45a-542h. - Apportionment when income interest ends.
Section 45a-542i. - Character of receipts.
Section 45a-542j. - Distribution from trust or estate.
Section 45a-542k. - Business and other activities conducted by trustee.
Section 45a-542l. - Principal receipts.
Section 45a-542m. - Rental property.
Section 45a-542n. - Obligation to pay money.
Section 45a-542o. - Insurance policies and similar contracts.
Section 45a-542p. - Insubstantial allocations not required.
Section 45a-542q. - Deferred compensation, annuities and similar payments. Separate funds.
Section 45a-542r. - Liquidating asset.
Section 45a-542s. - Minerals, water and other natural resources.
Section 45a-542u. - Property not productive of income.
Section 45a-542v. - Derivatives and options.
Section 45a-542w. - Asset-backed securities.
Section 45a-542x. - Disbursements from income.
Section 45a-542y. - Disbursements from principal.
Section 45a-542z. - Transfers from income to principal for depreciation.
Section 45a-543. - Determination by court re abuse of discretion by fiduciary.