14-11013

14-11013. Certification of trust

A. 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:

1. That the trust exists and the date the trust instrument was executed.

2. The identity of the settlor.

3. The identity and address of the currently acting trustee.

4. The powers of the trustee.

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

6. 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.

7. The manner of taking title to trust property.

B. A certification of trust may be signed or otherwise authenticated by any
trustee.

C. A certification of trust must state that the trust has not been revoked,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.

D. A certification of trust need not contain the dispositive terms of a trust.

E. A recipient of a certification of trust may require the trustee to furnish
copies of those excerpts from the original trust instrument and later amendments that
designate the trustee and confer on the trustee the power to act in the pending
transaction.

F. 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.

G. 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.

H. A person making a demand for the trust instrument in addition to a certification
of trust or excerpts is liable for damages if the court determines that the person did
not act in good faith in demanding the trust instrument.

I. This section does not limit the right of a person to obtain a copy of the trust
instrument in a judicial proceeding concerning the trust.