Sec. 45a-519. (Formerly Sec. 45-79a). Superior Court or Probate Court jurisdiction to reform instruments to federal tax requirements.

329 words·~1 min read·/ct/title-45a/chapter-802c-trusts/45a-519

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If any deduction under Section 170, Section 2055 or Section 2522 of the Internal Revenue Code of 1986 is not allowable with respect to any interest in property passing under any will, trust agreement or other governing instrument to a person, or for a use, described in Section 170(c), Section 2055(a) or Section 2522(a) and

(b)of said code because such interest fails to comply with the requirements of Section 170(f)(2), Section 2055(e)(2) or Section 2522(c)(2) of said code, the Superior Court, or a Probate Court specified in section 45a-499p , shall have jurisdiction over any action brought to reform such will, trust agreement or other governing instrument in accordance with the provisions of Section 170(f)(7), Section 2055(e)(3) or Section 2522(c)(4) of said code so that such deduction may be allowed under the applicable provisions of said code. All references contained in this section to any section of the Internal Revenue Code of 1986 mean that section of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.

(b)The Superior Court or the Probate Court are empowered to reform any such will, trust agreement or other governing instrument only to the extent necessary in order to ensure the allowance of any deduction described in subsection

(a)of this section, and only to the extent the court finds that such reformation is consistent with the original intent of the testator or donor.

(c)This section shall not be construed to effect a change in any dispositive provisions of the governing instrument as provided in section 45a-514 .

(d)Any reformation of any will, trust agreement or other governing instrument in accordance with the provisions of this section shall be effective whether or not a disclaimer has been filed within the period specified in sections 45a-578 to 45a-585 , inclusive.

(e)This section shall be applicable to any action commenced on or after July 18, 1984.