An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless: (1) The person holding the power consents to the modification in a signed record and the modification applies only to the person; (2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or (3) the court approves the modification and the modification grants a substantially similar power to another person.(P.A. 24-104, S. 18.)History: P.A. 24-104 effective January 1, 2025. An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless: (1) The person holding the power consents to the modification in a signed record and the modification applies only to the person; (2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or (3) the court approves the modification and the modification grants a substantially similar power to another person.(P.A. 24-104, S. 18.)History: P.A. 24-104 effective January 1, 2025.
Connecticut Legal Code
§ 45a-545r
Connecticut Title 45a — Connecticut law
Source: https://www.cga.ct.gov/current/pub/chap_802c.htm#sec_45a-545r· Version 2026