Sec. 45a-545i. Court involvement.

365 words·~2 min read·/ct/title-45a/chapter-802c-trusts/45a-545i

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

(a)Upon a petition by an authorized fiduciary, a person entitled to notice under subsection

(b)of section 45a-545g , a beneficiary or, with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may:

(1)Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under sections 45a-545a to 45a-545cc , inclusive, and consistent with the fiduciary duties of the authorized fiduciary;

(2)appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under sections 45a-545a to 45a-545cc , inclusive, and to exercise the decanting power;

(3)approve an exercise of the decanting power;

(4)determine that a proposed or attempted exercise of the decanting power is ineffective because:

(A)After applying section 45a-545v , the proposed or attempted exercise does not or did not comply with sections 45a-545a to 45a-545cc , inclusive; or

(B)the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;

(5)determine the extent to which section 45a-545v applies to a prior exercise of the decanting power;

(6)provide instructions to the trustee regarding the application of section 45a-545v to a prior exercise of the decanting power; or

(7)order other relief to carry out the purposes of sections 45a-545a to 45a-545cc , inclusive.

(b)Upon a petition by an authorized fiduciary, the court may approve:

(1)An increase in the fiduciary's compensation under section 45a-545p ; or

(2)a modification under section 45a-545r of a provision granting a person the right to remove or replace the fiduciary.

(c)With respect to a testamentary trust, to be effective, an exercise of the decanting power shall be approved in advance by the Probate Court upon petition by an authorized fiduciary.

(d)If the first trust in a proposed exercise of the decanting power contains a determinable charitable interest, as defined in section 45a-545n , an authorized fiduciary shall be barred from exercising the decanting power during the pendency of a petition under subsection

(a)of this section, unless otherwise ordered by the court.