Conn. Stat. § 45a-489a
effective October 1, 2009 until December 31, 2019
Sec. 45a-489a. Trust to provide for care of animal: Creation.
Administration. Jurisdiction. Termination.
(a) A testamentary or inter vivos trust may be created to provide for
the care of an animal or animals alive during the settlor's or
testator's lifetime. The trust shall terminate upon the death of the
last surviving animal. A trust created pursuant to this section shall
designate a trust protector in the trust instrument whose sole duty
shall be to act on behalf of the animal or animals provided for in the
trust instrument. A trust protector shall be replaced in the same manner
as a trustee under section 45a-474.
(b) Except as otherwise provided in this section, the provisions of the
laws of this state that govern the creation and administration of trusts
shall apply to a trust created to provide for the care of an animal or
animals pursuant to this section.
(c) (1) The Superior Court, or a probate court described in subdivision
(2) of this subsection, shall have jurisdiction over any trust created
pursuant to this section.
(2) A probate court shall have jurisdiction over any trust created
pursuant to this section if the trustee of the trust is otherwise
subject to the jurisdiction of such probate court, or the trust is an
inter vivos trust and the trust is or could be subject to the
jurisdiction of such probate court for an accounting pursuant to section
45a-175.
(d) The trustee of a trust created pursuant to this section shall
annually render an account for the trust, signed under penalty of false
statement, to the trust protector.
(e) Any individual identified as a trust protector pursuant to this
section may file a petition in the Superior Court or a probate court
having jurisdiction pursuant to subsection (c) of this section to
enforce the provisions of the trust, remove or replace any trustee of
the trust, or require a trustee to render an account as required under
subsection (d) of this section. The court may award costs and attorney's
fees to the trust protector, from the trust property, if the trust
protector prevails on a petition filed under this subsection and the
court finds that the filing of the petition was necessary to fulfill the
trust protector's duty to act on behalf of the animal or animals
provided for in the trust instrument.
(f) If the trust protector determines that the trustee has used trust
property for personal use or has otherwise committed fraud with respect
to the trust, the trust protector may request the Attorney General to
file a petition in the Superior Court or a probate court having
jurisdiction pursuant to subsection (c) of this section to enforce the
provisions of the trust, remove or replace any trustee of the trust or
seek restitution from the trustee with respect to such trust property.
The Attorney General may file such petition if the Attorney General
determines that the circumstances warrant such filing.
(g) Trust property may be applied only to its intended use, subject to
proper trust expenses including trustee fees, except to the extent the
Superior Court or a probate court having jurisdiction pursuant to
subsection (c) of this section, upon application by the trustee or trust
protector, determines that the value of the trust property exceeds the
amount required for its intended use. Trust property not required for
its intended use, including trust property remaining upon termination of
the trust, shall be distributed in the following order of priority:
(1) As directed by the terms of the trust instrument;
(2) To the remainder beneficiaries identified in the trust
instrument, under the same terms provided in the trust for the remainder
interest;
(3) To the settlor, if then living;
(4) Pursuant to the residuary clause of the settlor's or
testator's will; or
(5) To the settlor's or testator's heirs in accordance with
the laws of this state governing descent and distribution.
Effective January 1, 2020
(a) A testamentary or inter vivos trust may be created to provide for the care of an animal or animals alive during the settlor's or testator's lifetime. The trust shall terminate upon the death of the last surviving animal. A trust created pursuant to this section shall designate a trust protector in the trust instrument whose sole duty shall be to act on behalf of the animal or animals provided for in the trust instrument. A trust protector shall be replaced in the same manner as a trustee under section 45a–474, as amended by this act.
(b) Except as otherwise provided in this section, the provisions of the laws of this state that govern the creation and administration of trusts shall apply to a trust created to provide for the care of an animal or animals pursuant to this section.
(c) The Superior Court, or a Probate Court specified in section 16 of this act, shall have jurisdiction over any trust created pursuant to this section.
(d) The trustee of a trust created pursuant to this section shall annually render an account for the trust, signed under penalty of false statement, to the trust protector.
(e) Any individual identified as a trust protector pursuant to this section may file a petition in the Superior Court or the Probate Court to enforce the provisions of the trust, remove or replace any trustee of the trust, or require a trustee to render an account as required under subsection (d) of this section. The court may award costs and attorney's fees to the trust protector, from the trust property, if the trust protector prevails on a petition filed under this subsection and the court finds that the filing of the petition was necessary to fulfill the trust protector's duty to act on behalf of the animal or animals provided for in the trust instrument.
(f) If the trust protector determines that the trustee has used trust property for personal use or has otherwise committed fraud with respect to the trust, the trust protector may request the Attorney General to file a petition in the Superior Court or the Probate Court to enforce the provisions of the trust, remove or replace any trustee of the trust or seek restitution from the trustee with respect to the trust property. The Attorney General may file such petition if the Attorney General determines that the circumstances warrant such filing.
(g) Trust property may be applied only to its intended use, subject to proper trust expenses including trustee fees, except to the extent the Superior Court or the Probate Court, upon application by the trustee or trust protector, determines that the value of the trust property exceeds the amount required for its intended use. Trust property not required for its intended use, including trust property remaining upon termination of the trust, shall be distributed in the following order of priority:
(1) As directed by the terms of the trust instrument;
(2) To the remainder beneficiaries identified in the trust instrument, under the same terms provided in the trust for the remainder interest;
(3) To the settlor, if then living;
(4) Pursuant to the residuary clause of the settlor's or testator's will; or
(5) To the settlor's or testator's heirs in accordance with the laws of this state governing descent and distribution.