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Connecticut General Statutes Title 45A. Probate Courts and Procedure § 45a-499k. Nonjudicial settlement agreements

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(a) For the purposes of this section, “interested persons” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.

(b) Except as provided in subsections (c) and (e) of this section, interested persons may enter into a binding, nonjudicial settlement agreement with respect to any matter involving an inter vivos trust.

(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under sections 45a-487j to 45a-487t, inclusive, and 45a-499a to 45a-500s, inclusive, or other applicable law.

(d) Matters that may be resolved by a nonjudicial settlement agreement include:  (1) The interpretation or construction of the terms of the trust;  (2) the approval of a trustee's report or accounting;  (3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;  (4) the resignation or appointment of a trustee and the determination of a trustee's compensation;  (5) transfer of a trust's principal place of administration;  and (6) liability of a trustee for an action relating to the trust.

(e) A nonjudicial settlement agreement may not modify or terminate an irrevocable trust.  Such a modification or termination may be accomplished only under the provisions of sections 45a-499dd to 45a-499kk, inclusive.

(f) An interested person may request the court to approve a nonjudicial settlement agreement to determine whether the representation provided pursuant to sections 45a-499q to 45a-499u, inclusive, was adequate and to determine whether the agreement contains terms and conditions the court could have properly approved.

Cite this article: - Connecticut General Statutes Title 45A. Probate Courts and Procedure § 45a-499k. Nonjudicial settlement agreements - last updated June 28, 2021 |

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