§ 45a-499w — Requirements for creation.

(a) A trust is created only if: (1) The settlor has capacity to create a trust; (2) The settlor indicates an intention to create the trust; (3) The trust has a definite beneficiary or is (A) a charitable trust; (B) a trust for the care of an animal, as provided in section 45a-489a ; or (C) a trust for a noncharitable purpose under section 45a-499cc ; and (4) The trustee has duties to perform. (b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities. (c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. With respect to a charitable trust, if no default beneficiary is named in the trust instrument, the property subject to the power passes to one or more charitable purposes or beneficiaries that the court selects. The selection shall be consistent with the settlor's intention to the extent it can be ascertained. (d) The settlor's power to create or contribute to a trust may be exercised by (1) an agent under a power of attorney only to the extent expressly authorized to create or contribute property to a trust; or (2) a conservator of the estate as authorized by the court. (e) A charitable trust is created if the donor makes a gift with a charitable intent.

Legislative History

(P.A. 19-137, S. 23.) History: P.A. 19-137 effective January 1, 2020.