REVOCABLE LIVING TRUST AGREEMENT
[Connecticut]
Effective Date: [________]
[// GUIDANCE: Use this template for a single‐settlor revocable living trust governed by Connecticut law. Bracketed text must be customized before execution.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
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Parties
1.1 Grantor / Settlor: [Full Legal Name], residing at [Address] (“Grantor”).
1.2 Initial Trustee: [Full Legal Name], residing at [Address] (“Trustee”).
1.3 Beneficiaries: Those persons or entities identified in Schedule A (“Beneficiaries”). -
Recitals
(a) Grantor desires to create a revocable trust under the Connecticut Uniform Trust Code, Conn. Gen. Stat. § 45a-499a et seq., to hold, manage, and distribute property during Grantor’s lifetime and following Grantor’s death.
(b) Trustee is willing to hold and administer the Trust Estate subject to the terms of this Agreement.
(c) Grantor is transferring to Trustee the property described in Schedule B contemporaneously with execution (“Initial Trust Property”). -
Grant and Declaration of Trust
Grantor hereby transfers, assigns, and conveys the Initial Trust Property to Trustee, to be held IN TRUST, subject to the terms and conditions herein (this “Trust” or “Agreement”). -
Name of Trust
The Trust shall be known as the [Grantor Name] Revocable Living Trust dated [Effective Date].
II. DEFINITIONS
Unless the context requires otherwise, capitalized terms have the meanings set forth below. Cross-references are to Articles and Sections of this Agreement.
“Accounting Period” – Each calendar year, or shorter period ending on termination of the Trust or resignation/removal of a Trustee.
“Adult Beneficiary” – A Beneficiary who has attained age 18.
“Code” – The Internal Revenue Code of 1986, as amended.
“Connecticut UTC” – Connecticut Uniform Trust Code, Conn. Gen. Stat. § 45a-499a et seq.
“Disability” – Grantor’s inability to manage property or financial affairs, as certified by two licensed physicians.
“Dispositive Event” – Grantor’s death or earlier written direction of Grantor delivered to Trustee.
“Trust Assets” – All property, real or personal, tangible or intangible, held from time to time under this Agreement.
“Trust Estate” – Collectively, the Trust Assets and all income and proceeds therefrom.
“Trustee” – The person(s) serving as trustee hereunder, including any Successor Trustee.
[// GUIDANCE: Add definitions for specialized assets if needed—e.g., “Closely-Held Business Interests.”]
III. OPERATIVE PROVISIONS
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Revocation and Amendment
1.1 Grantor may revoke or amend this Trust, in whole or part, by a signed writing delivered to Trustee.
1.2 Upon revocation, Trustee shall reconvey the Trust Assets to Grantor within 30 days, subject to reasonably necessary reserve for liabilities. -
Management During Grantor’s Lifetime
2.1 While competent, Grantor may direct Trustee with respect to investment, management, and distribution of Trust Assets.
2.2 Distributions. Trustee shall distribute to or for the benefit of Grantor such amounts of income or principal as Grantor may request.
2.3 Disability Administration. Upon Grantor’s Disability, Trustee shall apply so much of income and principal as Trustee deems necessary for Grantor’s health, education, support, and maintenance, considering other resources known to Trustee. -
Distribution Upon Dispositive Event
3.1 On the first to occur of (i) Grantor’s death or (ii) Grantor’s written direction, Trustee shall distribute the Trust Estate in accordance with Schedule C.
3.2 Testamentary Intent. Distributions upon Grantor’s death are intended to substitute for a will and shall be construed accordingly. -
Pour-Over Provisions
Property received by Trustee as beneficiary of any insurance policy, employee benefit, or payable-on-death account shall be added to and administered as part of the Trust Estate. -
Spendthrift Protection
Except as otherwise provided by the Connecticut UTC or applicable law, no Beneficiary may assign, anticipate, or encumber any interest in the Trust, nor shall such interest be subject to creditor claims until actually distributed. -
Trustee Powers
Trustee shall have all powers granted under the Connecticut UTC and as set forth in Schedule D (Powers of Trustee), including without limitation powers to invest, reinvest, lease, borrow, and make elections under the Code. -
Compensation & Expenses
Trustee is entitled to reasonable compensation in accordance with Conn. Gen. Stat. § 45a-553 and to reimbursement of properly incurred expenses. -
Recordkeeping & Reports
8.1 Trustee shall maintain accurate books and furnish an annual written accounting to Adult Beneficiaries within 90 days after each Accounting Period.
8.2 Waiver. Any Beneficiary may waive receipt of an accounting in a signed writing. -
Funding & Transfer Procedures
9.1 Real Property. Title deeds shall be recorded in the name of Trustee, as trustee of the Trust, in the relevant land records.
9.2 Tangible Personal Property. Assignments of ownership shall be executed and delivered to Trustee.
9.3 Securities and Bank Accounts. Ownership shall be retitled to “[Trustee Name], Trustee, [Trust Name]”.
[// GUIDANCE: Attach exemplar assignment forms as exhibits if desired.]
IV. REPRESENTATIONS & WARRANTIES
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Grantor Representations
(a) Grantor owns the Initial Trust Property free and clear of adverse claims.
(b) Grantor has full legal capacity to create this Trust. -
Trustee Representations
(a) Trustee has reviewed this Agreement and accepts the trusteeship.
(b) Trustee is not disqualified under Conn. Gen. Stat. § 45a-472 or § 45a-474. -
Survival
All representations and warranties survive acceptance of Trust property and termination of this Agreement.
V. COVENANTS & RESTRICTIONS
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Trustee Covenants
(a) Administer the Trust solely in the interests of Beneficiaries and Grantor.
(b) Act with prudent care, skill, and caution consistent with Conn. Gen. Stat. § 45a-541 et seq. (Prudent Investor Rule).
(c) Keep Trust Assets segregated from personal assets. -
Grantor Covenants
(a) Execute all documents reasonably requested to effectuate transfers into the Trust.
(b) Notify Trustee of any change in Grantor’s legal or tax status that could affect the Trust.
VI. DEFAULT & REMEDIES
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Events of Default
(a) Trustee’s material breach of fiduciary duty.
(b) Trustee’s insolvency or incapacity.
(c) Failure to provide required accountings after 30-day written notice. -
Notice & Cure
A Non-Defaulting Party shall give written notice specifying the default. Trustee has 30 days to cure (10 days for monetary default). -
Remedies
(a) Suspension or removal of Trustee under Section VI.4.
(b) Appointment of a Successor Trustee.
(c) Injunctive relief from the Connecticut Probate Court.
(d) Recovery of attorneys’ fees and costs from the Trust Assets. -
Removal & Successor Trustee
4.1 Grantor (if competent) or a majority of Adult Beneficiaries may remove Trustee by written instrument delivered to Trustee and Successor Trustee.
4.2 Successor Trustee acceptance shall be in writing and become effective on the earlier of (i) Trustee’s resignation/removal effective date or (ii) court appointment.
4.3 Titles to Trust Assets shall vest automatically in the Successor Trustee without further act.
VII. RISK ALLOCATION
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Indemnification of Trustee
The Trust Assets shall indemnify Trustee, to the fullest extent permitted by law, against any claim or liability arising from proper administration of the Trust, except to the extent resulting from Trustee’s bad faith, fraud, gross negligence, or willful misconduct. -
Limitation of Liability
Trustee’s liability, in any capacity, is limited to the Trust Assets; no personal assets of Trustee shall be subject to any claim relating to the Trust, except as provided by law for breaches described in Section VII.1. -
Insurance
Trustee may obtain liability insurance payable from Trust Assets. -
Force Majeure
Trustee is excused from delay or failure in performance caused by events beyond Trustee’s reasonable control, including natural disasters, war, terrorism, cyber‐attack, or changes in law.
VIII. DISPUTE RESOLUTION
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Governing Law
This Agreement and any controversy arising hereunder are governed by the laws of the State of Connecticut, without regard to conflicts of law. -
Forum Selection
Exclusive jurisdiction lies in the Probate Court having jurisdiction over the Trust pursuant to Conn. Gen. Stat. § 45a-98, except as provided in Section VIII.3. -
Optional Arbitration
[OPTIONAL – select one]
☐ Binding arbitration under AAA rules; venue Hartford, CT; judgment on the award may be entered in any court of competent jurisdiction.
☐ No arbitration (default). -
Injunctive Relief
Nothing herein limits any party’s right to seek injunctive or equitable relief for Trust enforcement in the Probate Court.
[// GUIDANCE: Probate courts in CT proceed without juries; therefore no jury-trial waiver clause is included.]
IX. GENERAL PROVISIONS
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Amendment & Waiver
This Agreement may be amended only by a written instrument signed by Grantor and, if Grantor is incapacitated, by a court order. No waiver is effective unless in writing. -
Assignment
Beneficiaries may not assign interests except as expressly permitted herein. Trustee may not delegate core fiduciary functions but may employ advisors. -
Successors & Assigns
This Agreement binds and benefits the parties and their lawful successors and assigns. -
Severability
If any provision is unenforceable, it shall be reformed to effectuate intent, and the remainder shall continue in force. -
Integration
This document constitutes the entire agreement with respect to the Trust and supersedes prior writings. -
Counterparts
May be signed in counterparts, each an original, together one instrument. -
Electronic Signatures
Electronic signatures are deemed originals under Conn. Gen. Stat. § 1-276 et seq. (Uniform Electronic Transactions Act).
X. EXECUTION BLOCK
Executed under seal as of the Effective Date.
GRANTOR / SETTLOR
[Name], Grantor
TRUSTEE
[Name], Trustee
[// GUIDANCE: Connecticut law does not mandate notarization for a revocable trust, but recording a deed to the Trustee requires acknowledgment. Notarize and obtain two witnesses if the Trust will function as a pour-over to a last will, to reduce contest risk.]
STATE OF CONNECTICUT )
COUNTY OF [_____] )
On this ___ day of __, 20, before me, the undersigned, personally appeared [Name(s)], known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to above, and acknowledged that they executed the same for the purposes therein contained.
Notary Public
My commission expires: _____
SCHEDULE A – LIST OF BENEFICIARIES
[Name, address, relationship, and share/terms]
SCHEDULE B – INITIAL TRUST PROPERTY
[Detailed description of property being transferred]
SCHEDULE C – DISPOSITION UPON DISPOSITIVE EVENT
[Distribution plan, specific gifts, residuary clauses]
SCHEDULE D – POWERS OF TRUSTEE
[Expanded enumeration of administrative, investment, and distribution powers]
[// GUIDANCE: Review Connecticut estate and income tax implications, coordinate with pour-over will and durable power of attorney, and verify beneficiary designations for consistency.]