Notice of Trust to Qualified Beneficiaries (Connecticut Uniform Trust Code § 45a-499kkk)

NOTICE OF TRUST TO QUALIFIED BENEFICIARIES

Pursuant to Conn. Gen. Stat. § 45a-499kkk (Connecticut Uniform Trust Code)

I. IDENTIFICATION OF NOTICE

II. IDENTIFICATION OF SETTLOR AND TRUST

Name of Settlor(s): [________________________________]

Date of Death of Deceased Settlor (if applicable): [__/__/____]

Name of Trust: [________________________________]

Date of Original Trust Instrument: [__/__/____]

Dates of All Amendments and Restatements:

☐ There have been no amendments or restatements to the Trust.

☐ This Trust is a Qualified Disposition in Trust under Conn. Gen. Stat. §§ 45a-487k to 45a-487s (Connecticut Qualified Dispositions in Trust Act / CT-APT). Qualified-disposition status does not waive the trustee's duty under § 45a-499kkk.

III. TRIGGERING EVENT (§ 45a-499kkk(b))

This Notice is served because the following event has occurred:

☐ Acceptance of Trusteeship (§ 45a-499kkk(b)(2)). The undersigned has accepted the trusteeship of the Trust on [__/__/____]. This Notice is served within 60 days of acceptance and discloses the trustee's name, address, and telephone number.

☐ Creation of Irrevocable Trust (§ 45a-499kkk(b)(3)). The Trust was created as an irrevocable trust on [__/__/____]. The trustee acquired knowledge of the creation on [__/__/____].

☐ Trust Became Irrevocable by Death of Settlor (§ 45a-499kkk(b)(3)). The Trust, formerly revocable, became irrevocable on [__/__/____] by reason of the death of settlor [________________________________].

☐ Trust Became Irrevocable Otherwise (§ 45a-499kkk(b)(3)). The Trust, formerly revocable, became irrevocable on [__/__/____] by reason of [________________________________] (specify event, e.g., release of power of revocation, incapacity terminating power, expiration of revocation period).

IV. TRUSTEE CONTACT INFORMATION (§ 45a-499kkk(b)(2))

V. PRINCIPAL PLACE OF ADMINISTRATION AND PROBATE COURT VENUE (§ 45a-499p)

The principal place of administration of the Trust is located at:

Street Address: [________________________________]

City: [____________________] County: [____________________] State: Connecticut ZIP: [__________]

Connecticut Probate Court Having Primary Jurisdiction (§ 45a-499p):

VI. RIGHT TO REQUEST TRUST INSTRUMENT (§ 45a-499kkk(b)(1), (b)(3))

You are entitled, upon request, to receive from the Trustee a copy of the relevant portions of the Trust instrument.

To request a copy, contact the Trustee at the address and telephone number listed in Section IV above. The Trustee will respond promptly as required by Conn. Gen. Stat. § 45a-499kkk(b)(1).

☐ A copy of the relevant portions of the Trust instrument is enclosed with this Notice.

☐ A copy of the relevant portions of the Trust instrument is not enclosed; you may request a copy from the Trustee as set forth above.

VII. RIGHT TO TRUSTEE'S REPORT (§ 45a-499kkk(c))

You are entitled to receive a trustee's report at least annually and at the termination of the Trust. The report will include information relating to trust property, liabilities, receipts and disbursements (including the amount of trustee's compensation), a listing of trust assets and, if feasible, their respective market values.

Current beneficiaries will receive the report automatically. Other qualified beneficiaries must request the report in writing from the Trustee at the address in Section IV.

☐ I (current beneficiary) will receive annual reports automatically.

☐ I (non-current qualified beneficiary) may request annual reports by written request to the Trustee.

VIII. OPTIONAL — CONTEST OF REVOCABLE TRUST NOTICE (§ 45a-499qq)

☐ Not Applicable — the Trust was not revocable at the settlor's death, or no copy of the trust instrument is being sent with this Notice.

☐ Applicable — Notice of Limitation Period to Contest the Trust:

You are hereby notified, pursuant to Conn. Gen. Stat. § 45a-499qq, that a judicial proceeding to contest the validity of this Trust, which was revocable at the settlor's death, must be commenced within the EARLIER of:

(1) One (1) year after the date of death of the settlor; OR

(2) One hundred twenty (120) days after the date on which this Notice and a copy of the trust instrument were sent to you.

The Trustee's name and address for purposes of this Notice are set forth in Section IV above. The applicable Connecticut Probate Court is identified in Section V above.

Date Trust Instrument and This Notice Were Sent: [__/__/____]

Settlor's Date of Death: [__/__/____]

120-Day Deadline (from date sent): [__/__/____]

1-Year Deadline (from settlor's date of death): [__/__/____]

Earlier of the Two Deadlines — Date Contest Must Be Commenced By: [__/__/____]

IX. QUALIFIED BENEFICIARIES RECEIVING THIS NOTICE (§ 45a-499g)

Representation Under § 45a-499n

☐ No recipient is being served by representation; each qualified beneficiary is served directly.

☐ The following qualified beneficiaries are represented by another person under § 45a-499n (e.g., holder of general power of appointment, fiduciary or virtual representative):

X. CHARITABLE TRUST — ATTORNEY GENERAL NOTICE

☐ Not Applicable — Trust is not a charitable trust subject to Attorney General supervision.

☐ Applicable — A copy of this Notice has been served on the Office of the Connecticut Attorney General, Public Charities Unit, 165 Capitol Avenue, Hartford, CT 06106.

XI. METHOD AND DATE OF SERVICE

Service was made by one or more of the following methods, to the last known address of each recipient:

☐ First-class mail, postage prepaid

☐ Certified mail, return receipt requested

☐ Personal delivery

☐ Any other method reasonably calculated to give actual notice

Date Notice Was Placed in the Mail or Personally Delivered: [__/__/____]

XII. TRUSTEE EXECUTION AND VERIFICATION

I, the undersigned Trustee, certify that the foregoing is true and correct to the best of my knowledge and that I have served this Notice on the qualified beneficiaries identified in Section IX by the methods identified in Section XI, in compliance with Conn. Gen. Stat. § 45a-499kkk.

Executed on [__/__/____] at [____________________], Connecticut.

Trustee Signature: [________________________________]

Print Name: [________________________________]

Capacity: [________________________________]

XIII. PROOF OF SERVICE

I, the undersigned, declare that I am over the age of 18 years and not a party to this matter. My business or residence address is set forth above. On the date stated above, I served the foregoing NOTICE OF TRUST TO QUALIFIED BENEFICIARIES on each of the persons identified in Section IX by placing a true copy thereof in a sealed envelope, addressed to each such person at the address set forth in Section IX, with postage thereon fully prepaid, and depositing the envelope in the United States Mail at the place stated above, OR by personal delivery as indicated.

I declare under penalty of false statement under the laws of the State of Connecticut that the foregoing is true and correct.

Executed on [__/__/____] at [____________________], Connecticut.

Signature: [________________________________]

Print Name: [________________________________]

SOURCES AND REFERENCES

• Conn. Gen. Stat. § 45a-499a et seq. (Connecticut Uniform Trust Code) — https://www.cga.ct.gov/current/pub/chap_802c.htm
• Conn. Gen. Stat. § 45a-499f (Mandatory provisions) — https://www.cga.ct.gov/current/pub/chap_802c.htm
• Conn. Gen. Stat. § 45a-499g (Qualified beneficiary definition) — https://www.cga.ct.gov/current/pub/chap_802c.htm
• Conn. Gen. Stat. § 45a-499n (Representation) — https://www.cga.ct.gov/current/pub/chap_802c.htm
• Conn. Gen. Stat. § 45a-499p (Venue / Probate Court jurisdiction) — https://www.cga.ct.gov/current/pub/chap_802c.htm
• Conn. Gen. Stat. § 45a-499qq (Limitation on contest of revocable trust) — https://law.justia.com/codes/connecticut/title-45a/chapter-802c/section-45a-499qq/
• Conn. Gen. Stat. § 45a-499kkk (Trustee's duty to inform and report) — https://law.justia.com/codes/connecticut/title-45a/chapter-802c/section-45a-499kkk/
• Conn. Gen. Stat. § 45a-499rrr (Limitation of action against trustee) — https://law.justia.com/codes/connecticut/title-45a/chapter-802c/section-45a-499rrr/
• Conn. Gen. Stat. §§ 45a-487k to 45a-487s (Connecticut Qualified Dispositions in Trust Act; CT-APT) — https://www.cga.ct.gov/current/pub/chap_802b.htm
• Connecticut Probate Courts — https://www.ctprobate.gov/
• Cady v. Cady, 224 Conn. 543 (1993).
• Public Act 19-137 (adopting Connecticut Uniform Trust Code, effective January 1, 2020).