Connecticut § 45a-545v Saving provision.

Connecticut Statutes

§ 45a-545v — Saving provision.

Connecticut § 45a-545v

Title 45aProbate Courts and Procedure

Ch. 802cTrusts

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Bluebook

Conn. Gen. Stat. § 45a-545v (2026).

Text

(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 nec

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(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.