AN ACT CONCERNING REVOCATION OF NON-PROBATE TRANSFERS AND APPOINTMENTS BY DISSOLUTION OF MARRIAGE.

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General Assembly Raised Bill No. 5441
February Session, 2026 LCO No. 2622

Referred to Committee on JUDICIARY

Introduced by:
(JUD)

AN ACT CONCERNING REVOCATION OF NON-PROBATE
TRANSFERS AND APPOINTMENTS BY DISSOLUTION OF
MARRIAGE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. (NEW) (Effective January 1, 2027 ) (a) Except as otherwise 1
provided by law , sections 1 and 2 of this act shall apply to: ( 1) The 2
property of a decedent that passes outside of probate and who die s 3
while domiciled in this state, ( 2) property coming into the control of a 4
fiduciary who is subject to the laws of this state, ( 3) survivorship and 5
related accounts in this state, and ( 4) trusts subject to administration in 6
this state. 7
(b) Sections 1 and 2 of this act shall not apply to: ( 1) Wills; (2) the 8
appointment of a health care representative; (3) the appointment of an 9
agent under a power of attorney ; (4) real estate owned by spouses as 10
joint tenants ; (5) conservatorships of the person or the estate; or (6) 11
guardianships. 12
Sec. 2. (NEW) (Effective January 1, 2027) (a) As used in this section: 13

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(1) "Disposition or appointment of property" includes a transfer of an 14
item of property or any other benefit to a beneficiary designated in a 15
governing instrument; 16
(2) "Dissolution of marriage" means any final decree or judgment of 17
divorce or annulment, or any dissolution or declaration of invalidity of 18
a marriage, recognized as valid under the laws of this state. "Dissolution 19
of marriage" does not include a decree of legal separation that does not 20
terminate an individual's status as a spouse; 21
(3) "Divorced individual" means an individual whose marriage has 22
been dissolved as described in subdivision (2) of this subsection; 23
(4) "Former spouse" means a person whose marriage to the divorced 24
individual resulted in a dissolution of marriage; 25
(5) "Former spouse's relative" or "relative of the former spouse" 26
means an individual who is related to the former spouse by application 27
of the rules establishing parent-child relationships under chapter 818 of 28
the general statutes , or affinity , and who, after the dissolution of 29
marriage, is not related to the divorced individual by application of the 30
rules establishing parent -child relationships under chapter 818 of the 31
general statutes, or affinity; 32
(6) "Governing instrument" means an instrument executed by the 33
divorced individual prior to the date of dissolution of the individual 's 34
marriage from the former spouse, whether made prior to or after 35
January 1, 2027, including, but not limited to, a testamentary instrument; 36
trust agreement; insurance or annuity policy; savings, retirement, 37
transfer on death, pension, deferred compensation, death benefit, stock 38
bonus or profit -sharing plan, account, arrangement, system or trust; 39
agreement with a bank, brokerage firm or investment company; 40
registration of securities in beneficiary form; other similar benefit plan; 41
or a dispositive, appointive or nominative instrument of any similar 42
type; 43

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(7) "Payor" means a trustee, insurer, business entity, employer, 44
government, governmental agency or subdivision, or any other person 45
authorized or obligated by law or a governing instrument to make 46
payments; 47
(8) "Person" means an individual, corporation, statutory or business 48
trust, estate, trust, partnership, limited liability company, association, 49
joint venture, court, government, governmenta l subdivision, agency or 50
instrumentality, public corporation or any other legal or commercial 51
entity; and 52
(9) "Revocable", with respect to a disposition, appointment, provision 53
or nomination, means one under which the divorced individual, at the 54
time of the dissolution of marriage , was alone empowered, by law or 55
under the governing instrument, to cancel the designation in favor of 56
the former spouse or former spouse's relative, whether or not the 57
divorced individual was then empowered to designate himself or 58
herself in place of the former spouse or former spouse's relative and 59
whether or not the divorced individual then had the capacity to exercise 60
the power. 61
(b) Except as provided by the express terms of a governing 62
instrument, a court order or a contract relating to the division of 63
property made between the divorced individual and the former spouse 64
prior to or after the date of dissolution of marriage, a dissolution of 65
marriage effective on or after January 1, 2027: 66
(1) Revokes any revocable: 67
(A) Disposition or appointment of property in a governing 68
instrument made by a divorced individual to or for the benefit of the 69
former spouse or a relative of the former spouse; 70
(B) Provision in a governing instrument conferring a general or 71
nongeneral power of appointment on a former spouse or on a former 72
spouse's relative; 73

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(C) Nomination in a governing instrument, nominating a former 74
spouse or a former spouse 's relative to serve in any fiduciary or 75
representative capacity; and 76
(D) Provision in a governing instrument conferring on a former 77
spouse or on a former spouse 's relative the power to appoint a person 78
to serve, or the power to remove a person serving, in a fiduciary or 79
representative capacity. 80
(2) S evers the interests of the divorced individual and the former 81
spouse in property , other than real estate , held by the divorced 82
individual and the former spouse at the time of the dissolution of 83
marriage as joint tenants with the right of survivorship, transforming 84
the interests of the divorced individual and former spouse into equal 85
tenancies in common. 86
(c) (1) Any provisions of a governing instrument shall be given effect 87
as if the former spouse and former spouse 's relatives died immediately 88
before the date of dissolution of marriage. 89
(2) A severance under subdivision (2) of subsection (b) of this section 90
does not affect any third-party interest in property acquired for value in 91
good faith reliance on an apparent title by survivorship in the survivor 92
of the former spouses unless a writing declaring the severance has been 93
noted, registered, filed or recorded in records appropriate to the kind 94
and location of the property which are relied upon, in the ordinary 95
course of transactions involving such property, as evidence of 96
ownership. 97
(d) Provisions of a governing instrument revoked solely by this 98
section are revived by the divorced individual's remarriage to the 99
former spouse or by a nullification of the dissolution of marriage. 100
(e) No change of circumstances other than the circumstances 101
described in this section and section 45a-447 of the general statutes effect 102
a revocation. 103

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(f) A payor or other third party is not liable for having made a 104
payment or transferred an item of property or any other benefit to a 105
beneficiary designated in a governing instrument affected by a 106
dissolution of marriage or remarriage, or for having taken any other 107
action in good faith reliance on the validity of the governing instrument, 108
before the payor or other third party received written notice of the 109
dissolution of marriage or remarriage. A payor or other third party is 110
liable for a payment made or other action taken after the payor or other 111
third party received written notice of a claimed forfeiture or revocation 112
under this section. Written notice of the dissolution of marriage or 113
remarriage under this section shall be delivered to the payor's or other 114
third party's home office or principal address, by registered or certified 115
mail, return receipt requested. 116
(g) (1) A revocation under subsection (b) of this section does not affect 117
any third-party interest in real property acquired for value in good faith 118
reliance on the apparent authority of a former spouse or a relative of the 119
former spouse acting in any fiduciary or representative capacity, 120
including as a trustee, unless a notice of the dissolution of marriage or a 121
notice declaring the revocation has been recorded in the land records 122
which are relied upon, in the ordinary course of transactions involving 123
such real property, as evidence of ownership. 124
(2) A person who purchases property, other than real property, from 125
a former spouse, a former spouse's relative or any other person for value 126
and without notice, or who received from the former spouse, former 127
spouse's relative or any other person a payment, other item of property 128
or benefit in partial or full satisfaction of a legally enforceable obligation, 129
is not ( A) obligated under this section to return the payment, item of 130
property or benefit, or (B) liable under this section for the amount of the 131
payment or the value of the item of property or benefit. 132
(3) Except as may be preempted by federal law, a former spouse, 133
relative of a former spouse or other person who, not for value, received 134
a payment, item of property, real, personal or otherwise , or any other 135

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benefit to which the person is not entitled under this section, (A) shall 136
return the payment, item of property or benefit, or (B) is personally 137
liable for the amount of the payment or the value of the item of property 138
or benefit, to the person who is entitled to such payment, property or 139
benefit under this section. 140
Sec. 3. Section 45a -257c of the general statutes is repealed and the 141
following is substituted in lieu thereof (Effective January 1, 2027): 142
(a) If, after executing a will, the testator's marriage is terminated by 143
dissolution, divorce or annulment, the dissolution, divorce or 144
annulment shall revoke : [any] (1) Any disposition or appointment of 145
property made by the will to the former spouse , or a relative of the 146
testator's former spouse , (2) any provision conferring a general or 147
special power of appointment on the former spouse, or a relative of the 148
testator's former spouse, and (3) any nomination of the former spouse , 149
or a relative of the testator's former spouse as executor, trustee, 150
conservator, guardian or other fiduciary, unless the will , a court order, 151
including a decree of dissolution of marriage, or a contract relating to 152
the division of property made between the testator and the testator's 153
former spouse prior to or after the date of dissolution of marriage, 154
expressly provides otherwise. 155
(b) Property prevented from passing to a former spouse or a relative 156
of the testator's former spouse due to revocation by dissolution, divorce 157
or annulment shall pass as if the former spouse failed to survive the 158
testator, and other provisions conferring power or office on the former 159
spouse or a relative of the testator's former spouse shall be interpreted 160
as if the spouse failed to survive the testator. 161
(c) If provisions of the will of the testator are revoked solely by this 162
section, such provisions shall be revived by the testator's remarriage to 163
the former spouse. 164
(d) A decree of separation which does not terminate the status of 165
husband and wife is not a dissolution or divorce for the purposes of this 166

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section. 167
(e) As used in this section, "relative of the testator's former spouse" 168
means an individual who is related to the testator's former spouse by 169
application of the rules establishing parent -child relationships under 170
chapter 818, or affinity , and who, after the dissolution , divorce or 171
annulment, is not related to the testator by application of the rules 172
establishing parent-child relationships under chapter 818 or affinity. 173
Sec. 4. Section 19a -579b of the general statutes is repealed and the 174
following is substituted in lieu thereof (Effective January 1, 2027): 175
The appointment of the principal's spouse , or a relative of the 176
principal's spouse, as health care representative shall be revoked upon 177
the divorce or legal separation of the principal and spouse or upon the 178
annulment or dissolution of their marriage, unless the principal 179
specifies otherwise. As used in this section, "relative of the principal's 180
spouse" means an individual who is related to the principal's spouse by 181
application of the rules establishing parent -child relationships under 182
chapter 818, or affinity, and who, after the annulment or dissolution of 183
marriage, is not related to the principal by application of the rules 184
establishing parent-child relationships under chapter 818 or affinity. 185
Sec. 5. Subsection (b) of section 1 -350i of the general statutes is 186
repealed and the following is substituted in lieu thereof (Effective January 187
1, 2027): 188
(b) An agent's authority terminates when: 189
(1) The principal revokes the authority; 190
(2) A court terminates the agent's authority pursuant to subsection 191
(b) of section 1-350g; 192
(3) The agent dies or resigns; 193
(4) The agent becomes incapacitated. Unless the power of attorney 194

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otherwise provides, an agent shall be determined to be incapable of 195
acting as an agent upon a determination in a writing or other record that 196
the agent is incapacitated: 197
(A) Within the meaning set forth in subparagraph (A) of subdivision 198
(5) of section 1-350a, by: 199
(i) A judge in a court proceeding; 200
(ii) Two independent physicians, two independent advanced practice 201
registered nurses or one independent physician and one independent 202
advanced practice registered nurse; or 203
(iii) A successor agent, designated in accordance with section 1 -350j, 204
if a written opinion of a physician or an advanced practice registered 205
nurse cannot be obtained either due to the refusal of an agent to be 206
examined by a physician or an advanced practice registered nurse or 207
due to an agent's failure to execute an authorization to release medical 208
information; or 209
(B) Within the meaning set forth in subparagraph (B) of subdivision 210
(5) of section 1-350a, by a judge; 211
(5) An action is filed for the dissolution or annulment of the [agent's] 212
marriage of the agent or agent 's relative to the principal or their legal 213
separation, unless the power of attorney otherwise provides. As used in 214
this subdivision, " agent's relative" means an individual who is related 215
to the agent by application of the rules establishing parent -child 216
relationships under chapter 818, or affinity, and who, after the 217
dissolution or annulment of the principal's marriage, is not related to 218
the principal by application of the rules establishing parent -child 219
relationships under chapter 818 or affinity; or 220
(6) The power of attorney terminates. 221
Sec. 6. Subsection (e) of section 1 -352 of the general statutes is 222
repealed and the following is substituted in lieu thereof (Effective January 223

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1, 2027): 224
(e) The following optional informational form may be used as part of 225
the Statutory Form or as part of a separate document from the Statutory 226
Form. 227
IMPORTANT INFORMATION FOR AGENT 228
Agent's Duties 229
When you accept the authority granted under this power of attorney, 230
a special legal relationship is created between you and the principal. 231
This relationship continues until you resign or the power of attorney is 232
terminated or revoked. You must: 233
(1) Do what you know the principal reasonably expects you to do 234
with the principal's property or, if you do not know the principal's 235
expectations, act in the principal's best interest; 236
(2) Act in good faith; 237
(3) Do nothing beyond the authority granted in this power of 238
attorney; and 239
(4) Disclose your identity as an agent whenever you act for the 240
principal by writing or printing the name of the principal and signing 241
your own name as "agent" in the following manner: 242
(Principal's Name) by (Your Signature) as Agent 243
Unless the special instructions in this power of attorney state 244
otherwise, you must also: 245
(1) Act loyally for the principal's benefit; 246
(2) Avoid conflicts that would impair your ability to act in the 247
principal's best interest; 248

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(3) Act with care, competence, and diligence; 249
(4) Keep a record of all receipts, disbursements, and transactions 250
made on behalf of the principal; 251
(5) Cooperate with any person that has authority to make health care 252
decisions for the principal to do what you know the principal 253
reasonably expects or, if you do not know the principal's expectations, 254
to act in the principal's best interest; and 255
(6) Attempt to preserve the principal's estate plan if you know the 256
plan and preserving the plan is consistent with the principal's best 257
interest. 258
Termination of Agent's Authority 259
You must stop acting on behalf of the principal if you learn of any 260
event that terminates this power of attorney or your authority under this 261
power of attorney. Events that terminate a power of attorney or your 262
authority to act under a power of attorney include: 263
(1) Death of the principal; 264
(2) The principal's revocation of the power of attorney or your 265
authority; 266
(3) The occurrence of a termination event stated in the power of 267
attorney; 268
(4) The purpose of the power of attorney is fully accomplished; or 269
(5) If you [are] or your relative is married to the principal, a legal 270
action is filed with a court to end [your] the marriage to the principal 271
through divorce or annulment, or for your legal separation, unless the 272
special instructions in this power of attorney state that such an action 273
will not terminate your authority. 274
Liability of Agent 275

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The meaning of the authority granted to you is defined in the 276
Connecticut Uniform Power of Attorney Act, sections 1 -350 to 1 -353b, 277
inclusive. If you violate the Connecticut Uniform Power of Attorney 278
Act, sections 1 -350 to 1 -353b, inclusive, or act outside the authority 279
granted, you may be liable for any damages caused by your violation. 280
If there is anything about this document or your duties that you do 281
not understand, you should seek legal advice. 282
This act shall take effect as follows and shall amend the following
sections:

Section 1 January 1, 2027 New section
Sec. 2 January 1, 2027 New section
Sec. 3 January 1, 2027 45a-257c
Sec. 4 January 1, 2027 19a-579b
Sec. 5 January 1, 2027 1-350i(b)
Sec. 6 January 1, 2027 1-352(e)

Statement of Purpose:
To assist divorced individuals who have not updated beneficiary
designations, revocable trusts and joint accounts after a dissolution of
marriage.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]