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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 14A : Trusts

Chapter 010 : LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

(Cite as: 14A V.S.A. § 1013)
  • § 1013. Certification of trust

    (a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee of a trust at any time after execution or creation of a trust may execute a certificate of trust that sets forth less than all of the provisions of a trust instrument and any amendments to the instrument. The certificate of trust may be used as evidence of authority to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real or personal property. The certificate of trust shall be upon the representation of the trustee that the statements contained in the certificate of trust are true and correct. The signature of the trustee must be under oath before a notary public or other official authorized to administer oaths. The certificate of trust must include:

    (1) the name of the trust, if one is given;

    (2) the date of the trust instrument;

    (3) the name of each settlor;

    (4) the name of each original trustee;

    (5) the name and address of each trustee empowered to act under the trust instrument at the time of execution of the certificate;

    (6) an abstract of the provisions of the trust instrument authorizing the trustee to act in the manner contemplated by the instrument;

    (7) a statement that the trust instrument has not been revoked or amended as to the authorizing provisions, and a statement that the trust exists;

    (8) a statement that no provisions of the trust instrument limit the authority so granted; and

    (9) a statement as to whether the trust is supervised by any court and, if so, a statement that all necessary approval has been obtained for the trustee to act.

    (b) A certificate of trust executed under subsection (a) of this section may be recorded in the municipal land records where the land identified in the certificate of trust or any attachment to it is located. When it is so recorded or filed for recording, or in the case of personal property, when it is presented to a third party, the certificate of trust serves to document the existence of the trust, the identity of the trustee, the powers of the trustee and any limitations on those powers, and other matters set forth in the certificate of trust, as though the full trust instrument had been recorded, filed, or presented.

    (c) A certificate of trust is conclusive proof as to the matters contained in the certificate, and any party may rely upon the continued effectiveness of the certificate unless:

    (1) a party dealing with the trustee has actual knowledge of facts to the contrary;

    (2) the certificate is amended or revoked under subsection (d) of this section; or

    (3) the full trust instrument including all amendments is recorded or filed.

    (d) Amendment or revocation of a certificate of trust may be made only by a written instrument executed by the trustee of a trust. Amendment or revocation of a certificate of trust is not effective as to a party unless that party has actual notice of the amendment or revocation. For purposes of this subsection, "actual notice" means that a written instrument of amendment or revocation has been received by the party or, in the case of real property, that either a written instrument of amendment or revocation has been received by the party or that a written instrument of amendment or revocation identifying the real property involved has been recorded in the municipal land records where the real property is located.

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

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

    (g) 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 which designate the trustee and confer upon the trustee the power to act in the pending transaction. Nothing in this subsection shall be construed to require a trustee to furnish the entire trust instrument to the recipient of a certification of trust.

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

    (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. (Added 2009, No. 20, § 1; amended 2009, No. 92 (Adj. Sess.), § 11.)