Laws Lawyers Find Laws Legal Forms State Laws Bills

FLORIDA STATUTES AND CODES

736.1017 Certification of trust.

Listen
736.1017 Certification of trust.(1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (a) The trust exists and the date the trust instrument was executed. (b) The identity of the settlor. (c) The identity and address of the currently acting trustee. (d) The powers of the trustee. (e) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust. (f) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee. (g) The manner of taking title to trust property. (2) A certification of trust may be signed or otherwise authenticated by any trustee. (3) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect. (4) A certification of trust need not contain the dispositive terms of a trust. (5) A recipient of a certification of trust may require the trustee to furnish copies of any excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction. (6) A person who acts in reliance on a certification of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying on the certification. (7) A person who in good faith enters into a transaction in reliance on a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct. (8) This section does not limit the right of a person to obtain a copy of the trust instrument when required to be furnished by law or in a judicial proceeding concerning the trust.History.s. 10, ch. 2006-217.
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • 736.1017 Certification of trust.

       (1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:

       (a) The trust exists and the date the trust instrument was executed.

       (b) The identity of the settlor.

       (c) The identity and address of the currently acting trustee.

       (d) The powers of the trustee.

       (e) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.

       (f) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee.

       (g) The manner of taking title to trust property.

       (2) A certification of trust may be signed or otherwise authenticated by any trustee.

       (3) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

       (4) A certification of trust need not contain the dispositive terms of a trust.

       (5) A recipient of a certification of trust may require the trustee to furnish copies of any excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction.

       (6) A person who acts in reliance on a certification of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying on the certification.

       (7) A person who in good faith enters into a transaction in reliance on a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.

       (8) This section does not limit the right of a person to obtain a copy of the trust instrument when required to be furnished by law or in a judicial proceeding concerning the trust.

    History. s. 10, ch. 2006-217.

    Florida Forms by Issue

    Florida Court Forms
    > Civil (County)
    > Civil (District)
    > Dispute
    Florida Divorce Forms
    Florida Emancipation Forms
    Florida Family Forms
    Florida Tax Forms

    Florida Law

    Florida State Laws
        > Florida Administrative Code
        > Florida Child Support
        > Florida Gun Laws
        > Florida Statutes
    Florida State
        > Florida Counties
        > Florida Senators
        > Florida Zip Codes
    Florida Tax
        > Florida Sales Tax
        > Florida State Tax
    Florida Labor Laws
        > Florida Minimum Wage
        > Florida Unemployment
    Florida Agencies
        > Better Business Bureau Florida
        > Florida Child Support
        > Florida Child Support Payments
        > Florida Department of Corrections
        > Florida Department of Health
        > Florida Department of Law Enforcement
        > Florida Department of Transportation
        > Florida Division of Corporations
        > Florida DMV
        > Florida Medicaid
        > Florida Secretary of State
        > Florida Secretary of State Corporations

    Florida Court Map

    Tips