General Assembly Raised Bill No. 5441 seeks to reform the legal framework surrounding non-probate transfers and appointments following the dissolution of marriage, effective January 1, 2027. The bill stipulates that, unless otherwise specified, it applies to various types of property, including those passing outside of probate and under fiduciary control, while explicitly excluding wills, health care representative appointments, powers of attorney, joint tenancy real estate, conservatorships, and guardianships. Key provisions include the automatic revocation of any revocable dispositions or appointments made by a divorced individual to their former spouse or their relatives, the severance of joint tenancy interests into tenancies in common, and the treatment of governing instruments as if the former spouse had predeceased the individual. The bill also protects third parties acting in good faith based on the validity of governing instruments prior to notice of the dissolution and outlines conditions for reviving revocations if the divorced individuals remarry.
Additionally, the bill modifies existing laws regarding wills, health care representatives, and powers of attorney in the context of divorce. It revokes any provisions in a will that benefit a former spouse or their relatives upon divorce unless explicitly stated otherwise, and it clarifies that property intended for a former spouse will be treated as if they predeceased the testator. The bill also revokes the appointment of a principal's spouse or their relatives as health care representatives upon divorce, with expanded definitions of "relative" to include those related by affinity or parent-child relationships. New legal language is introduced to clarify authority under the Connecticut Uniform Power of Attorney Act, emphasizing liability for violations. The proposed deletions from current law are noted but not detailed, as the focus remains on the new insertions aimed at simplifying post-divorce financial arrangements and estate planning.
Statutes affected: Raised Bill: