Section 34-NEW - [Newly enacted section not yet numbered] [Effective 1/1/2025] Court involvement(a) Upon a petition by an authorized fiduciary, a person entitled to notice under subsection (b) of section 7 of this act, 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 1 to 29, inclusive, of this act 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 1 to 29, inclusive, of this act 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 22 of this act, the proposed or attempted exercise does not or did not comply with sections 1 to 29, inclusive, of this act; 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 22 of this act applies to a prior exercise of the decanting power;(6) provide instructions to the trustee regarding the application of section 22 of this act to a prior exercise of the decanting power; or(7) order other relief to carry out the purposes of sections 1 to 29, inclusive, of this act.(b) Upon a petition by an authorized fiduciary, the court may approve: (1) An increase in the fiduciary's compensation under section 16 of this act; or (2) a modification under section 18 of this act 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 14 of this act, 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.Conn. Gen. Stat. § 34-NEW
Added by P.A. 24-0104,S. 9 of the Connecticut Acts of the 2024 Regular Session, eff. 1/1/2025.