Connecticut General Statutes/Title 45a/Chapter 802c/Section 45a-474

CGS § 45a-474. (Formerly Sec. 45-84). Vacancies in office of trustee.

When a will, trust agreement or other instrument establishing a trust fails to provide for the contingency of the trustee's refusal to accept the trust or the trustee's resignation, death or incapacity, the Probate Court specified in section 45a-499p may, on the happening of any such contingency, appoint some suitable person to fill such vacancy, taking from such suitable person a probate bond, unless in the case of a will it is otherwise provided therein. The court may appoint a successor trustee of an inter vivos trust before such contingency has occurred if the court finds that a vacancy in the office of trustee is likely to occur. The court shall specify the conditions that the successor trustee of such inter vivos trust must satisfy before becoming trustee. In the event of a vacancy in the office of trustee of such inter vivos trust, the successor trustee may assume the office immediately upon satisfying the conditions set forth in the court's order without further court action.

Short History

(1949 Rev., S. 6888; P.A. 80-476, S. 214; P.A. 15-217, S. 26; P.A. 19-137, S. 114.)

Long History

History: P.A. 80-476 rephrased provisions and substituted “proceeds” for “avails”; Sec. 45-84 transferred to Sec. 45a-474 in 1991; P.A. 15-217 restructured existing provisions re Probate Court authority to appoint successor trustee when will, trust agreement or other instrument establishing a trust fails to provide for the contingency of the trustee's refusal to accept the trust or the trustee's resignation, death or incapacity, added provision re Probate Court authority to appoint successor trustee of inter vivos trust and made a technical change; P.A. 19-137 replaced existing provision re Probate Court district with “specified in section 45a-499p”, made a technical change and deleted “, in which case the provisions of section 45a-473 shall apply”, effective January 1, 2020.

Citations

Annotations to former section 45-84:

Testator impliedly has power to provide manner of filling vacancies. 54 C. 325; 69 C. 708; 84 C. 499. Power to appoint trustees concurrent with Superior Court. 60 C. 325; 92 C. 473. Does not extend to trust involving personal discretion. 82 C. 198; 83 C. 654. Successor cannot exercise purely discretionary powers given to original trustee. 90 C. 461. Legal incapacity of corporation to accept fund for charitable purposes requires appointment of trustee. Id., 592. Refusal of trustee to act requires appointment of another. 67 C. 237; 71 C. 122; 74 C. 599. If validity of trust is doubtful, Probate Court should appoint. 77 C. 705. Trustee who has been superseded by another is not a proper party to action de fund. 91 C. 446. Trust will not be allowed to fail for want of a trustee. 106 C. 623. Cited. 132 C. 104; 140 C. 124.