14-11013. Certification of trust

522 words·~2 min read·/az/title-14/14-11013

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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C. A certification of trust must state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.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, acting in good faith, may require the trustee to furnish copies of those excerpts from the trust instrument that designate the trustee and confer on the trustee the power to act in the pending transaction. A person may not require the trustee to furnish copies of excerpts from the trust instrument that contain dispositive terms of the trust or provisions on named successor trustees unless the person first provides the trustee with a verified statement that states a reasonable basis for the request.

F. A person who acts in reliance on a certification of trust without actual knowledge that the representations contained in the certification of trust 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 of trust. Actual knowledge of the terms of the trust shall 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 of trust or by the employees of the person relying on the certification of trust if the person is an entity or organization that conducts activities through employees.

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 or excerpts from the trust instrument in addition to a certification of trust is liable for damages, costs, expenses and attorney fees if the court determines that the person did not act in good faith or did not otherwise comply with subsection E of this section 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 instrument or excerpts from the trust instrument.