Sec. 45a-499e. Default and mandatory rules.
372 words·~2 min read·
/ct/title-45a/chapter-802c-trusts/45a-499eA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided in the terms of the trust, sections 45a-499a to 45a-500s , inclusive, govern the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary.
(b)The terms of a trust prevail over each provision of sections 45a-499a to 45a-500s , inclusive, except:
(1)The requirements for creating a trust;
(2)the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust;
(3)the requirement of section 45a-499y that a trust have a purpose that is lawful and not contrary to public policy;
(4)the power of the court to modify or terminate a trust under sections 45a-499ee to 45a-499kk , inclusive;
(5)the power of the court under section 45a-499ss to require, dispense with, modify or terminate a bond;
(6)the power of the court under section 45a-499yy to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high;
(7)the duty under subdivisions
(2)and
(3)of subsection
(b)of section 45a-499kkk to notify each qualified beneficiary of an irrevocable trust who has attained twenty-five years of age, or the designated representative of the qualified beneficiary, if any, of the existence of the trust, of the identity of the trustee, and of the right of the qualified beneficiary to request a trustee's report;
(8)the duty under subsections
(a)and
(c)of section 45a-499kkk to respond to the request of a qualified beneficiary of an irrevocable trust or the designated representative of the qualified beneficiary, if any, for a trustee's report and other information reasonably related to the administration of a trust;
(9)the effect of an exculpatory term under section 45a-499uuu ;
(10)the rights under sections 45a-499www to 45a-499zzz , inclusive, of a person other than a trustee or beneficiary;
(11)periods of limitation for commencing a judicial proceeding;
(12)the power of the court to take the action and exercise the jurisdiction necessary in the interests of justice;
(13)the jurisdiction of the court as provided in sections 45a-499o and 45a-499p ; and
(14)the provisions of sections 45a-499a to 45a-500d , inclusive, dealing with judicial supervision of testamentary trusts.