Sec. 45a-545v. Saving provision.
178 words·~1 min read·
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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.