{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-804.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-804.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-804.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-804.html"}],"law_id":64879,"edition_id":1,"section_id":64879,"structure_id":14530,"section_number":"64.2-804","catch_line":"Certification of trust","history":"2005, c. 935, \u00a7 55-550.13; 2012, c. 614.","full_text":"A\n\nInstead 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\n\nThat the trust exists and the date the trust instrument was executed;2\n\nThe identity of the settlor;3\n\nThe identity and address of the currently acting trustee;4\n\nThe powers of the trustee;5\n\nThe revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;6\n\nThe 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\n\nThe trust’s taxpayer identification number; and8\n\nThe manner of taking title to trust property.B\n\nA certification of trust may be signed or otherwise authenticated by any trustee.C\n\nA certification of trust shall state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.D\n\nA certification of trust need not contain the dispositive terms of a trust.E\n\nA 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 upon the trustee the power to act in the pending transaction.F\n\nA person who acts in reliance upon a certification of trust without knowledge that the representations contained therein 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 upon the certification.G\n\nA 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.H\n\nA 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\n\nThis section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.","order_by":null,"text":{"0":{"id":236067,"text":"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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":236068,"text":"That the trust exists and the date the trust instrument was executed;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":236069,"text":"The identity of the settlor;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":236070,"text":"The identity and address of the currently acting trustee;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":236071,"text":"The powers of the trustee;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":236072,"text":"The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":236073,"text":"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;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":236074,"text":"The trust’s taxpayer identification number; and","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":236075,"text":"The manner of taking title to trust property.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":236076,"text":"A certification of trust may be signed or otherwise authenticated by any trustee.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8","next_prefix":"C"},"10":{"id":236077,"text":"A certification of trust shall 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"11":{"id":236078,"text":"A certification of trust need not contain the dispositive terms of a trust.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"12":{"id":236079,"text":"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 upon the trustee the power to act in the pending transaction.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"13":{"id":236080,"text":"A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein 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 upon the certification.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"14":{"id":236081,"text":"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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"15":{"id":236082,"text":"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.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"16":{"id":236083,"text":"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.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":14530,"edition_id":1,"name":"Liability of Trustees and Rights of Persons Dealing With Trustee","identifier":"10","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:48:32","date_modified":"2026-06-26 03:48:32","permalink":{"id":274151,"object_type":"structure","relational_id":14530,"identifier":"10","token":"64.2\/III\/7\/10","url":"\/64.2\/III\/7\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12725,"edition_id":1,"name":"Uniform Trust Code","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":12724,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":274107,"object_type":"structure","relational_id":12725,"identifier":"7","token":"64.2\/III\/7","url":"\/64.2\/III\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12724,"edition_id":1,"name":"Trusts","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":273811,"object_type":"structure","relational_id":12724,"identifier":"III","token":"64.2\/III","url":"\/64.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84224,"structure_id":14530,"section_number":"64.2-792","catch_line":"Remedies for breach of trust","url":"\/64.2-792\/","token":"64.2\/III\/7\/10\/64.2-792","metadata":false},{"id":62262,"structure_id":14530,"section_number":"64.2-793","catch_line":"Damages for breach of trust","url":"\/64.2-793\/","token":"64.2\/III\/7\/10\/64.2-793","metadata":false},{"id":76848,"structure_id":14530,"section_number":"64.2-794","catch_line":"Damages in absence of breach","url":"\/64.2-794\/","token":"64.2\/III\/7\/10\/64.2-794","metadata":false},{"id":71141,"structure_id":14530,"section_number":"64.2-795","catch_line":"Attorney fees and costs","url":"\/64.2-795\/","token":"64.2\/III\/7\/10\/64.2-795","metadata":false},{"id":59874,"structure_id":14530,"section_number":"64.2-796","catch_line":"Limitation of action against trustee","url":"\/64.2-796\/","token":"64.2\/III\/7\/10\/64.2-796","metadata":false},{"id":81524,"structure_id":14530,"section_number":"64.2-797","catch_line":"Reliance on trust instrument","url":"\/64.2-797\/","token":"64.2\/III\/7\/10\/64.2-797","metadata":false},{"id":61077,"structure_id":14530,"section_number":"64.2-798","catch_line":"Event affecting administration or distribution","url":"\/64.2-798\/","token":"64.2\/III\/7\/10\/64.2-798","metadata":false},{"id":55970,"structure_id":14530,"section_number":"64.2-799","catch_line":"Exculpation of trustee","url":"\/64.2-799\/","token":"64.2\/III\/7\/10\/64.2-799","metadata":false},{"id":79308,"structure_id":14530,"section_number":"64.2-800","catch_line":"Beneficiary's consent, release, or ratification","url":"\/64.2-800\/","token":"64.2\/III\/7\/10\/64.2-800","metadata":false},{"id":81265,"structure_id":14530,"section_number":"64.2-801","catch_line":"Limitation on personal liability of trustee","url":"\/64.2-801\/","token":"64.2\/III\/7\/10\/64.2-801","metadata":false},{"id":61556,"structure_id":14530,"section_number":"64.2-802","catch_line":"Interest as general partner","url":"\/64.2-802\/","token":"64.2\/III\/7\/10\/64.2-802","metadata":false},{"id":85139,"structure_id":14530,"section_number":"64.2-803","catch_line":"Protection of person dealing with trustee","url":"\/64.2-803\/","token":"64.2\/III\/7\/10\/64.2-803","metadata":false},{"id":64879,"structure_id":14530,"section_number":"64.2-804","catch_line":"Certification of trust","url":"\/64.2-804\/","token":"64.2\/III\/7\/10\/64.2-804","metadata":false}],"previous_section":{"id":85139,"structure_id":14530,"section_number":"64.2-803","catch_line":"Protection of person dealing with trustee","url":"\/64.2-803\/","token":"64.2\/III\/7\/10\/64.2-803","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-804\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 935<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":74285,"section_number":"6.2-615.1","catch_line":"Payment of multiple-fiduciary account","order_by":null,"url":"\/6.2-615.1\/"},{"id":56777,"section_number":"64.2-126","catch_line":"Disclosure of contents of electronic communications held in trust when trustee is not original user","order_by":null,"url":"\/64.2-126\/"},{"id":81661,"section_number":"64.2-127","catch_line":"Disclosure of other digital assets held in trust when trustee is not original user","order_by":null,"url":"\/64.2-127\/"},{"id":86944,"section_number":"64.2-703","catch_line":"Default and mandatory rules","order_by":null,"url":"\/64.2-703\/"}],"refers_to":false,"permalink":{"id":274201,"object_type":"law","relational_id":64879,"identifier":"64.2-804","token":"64.2\/III\/7\/10\/64.2-804","url":"\/64.2-804\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-804\/","token":"64.2\/III\/7\/10\/64.2-804","dublin_core":{"Title":"Certification of trust","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-804","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Instead of furnishing a copy of the trust instrument<\/span> to a person<\/span> other than a beneficiary<\/span>, the trustee<\/span> may furnish to the person<\/span> a certification of trust containing the following information: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That the trust exists and the date the trust instrument<\/span> was executed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The identity of the settlor; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The identity and address of the currently acting trustee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The powers of the trustee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The revocability or irrevocability of the trust and the identity of any person<\/span> holding a power to revoke the trust; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order<\/span> to exercise powers of the trustee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The trust’s taxpayer identification number; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The manner of taking title to trust property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A certification of trust may be signed or otherwise authenticated by any trustee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A certification of trust shall state<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A certification of trust need not contain the dispositive terms of a trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A recipient of a certification of trust may require the trustee<\/span> to furnish copies of those excerpts from the original trust instrument<\/span> and later amendments that designate the trustee<\/span> and confer upon the trustee<\/span> the power to act in the pending transaction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A person<\/span> who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person<\/span> for so acting and may assume without inquiry the existence of the facts<\/span> contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact<\/span> that a copy of all or part of the trust instrument<\/span> is held by the person<\/span> relying upon the certification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A person<\/span> who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property<\/span> as if the representations contained in the certification were correct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A person<\/span> making a demand for the trust instrument<\/span> in addition to a certification of trust or excerpts is liable for damages<\/span> if the court<\/span> determines that the person<\/span> did not act in good faith in demanding the trust instrument<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> This section does not limit the right of a person<\/span> to obtain a copy of the trust instrument<\/span> in a judicial proceeding concerning the trust. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTIFICATION OF TRUST (\u00a7 64.2-804)\n\nA. Instead of furnishing a copy of the trust instrument to a person other than a\nbeneficiary, the trustee may furnish to the person a certification of trust\ncontaining the following information:\n\n 1. That the trust exists and the date the trust instrument was executed;\n\n 2. The identity of the settlor;\n\n 3. The identity and address of the currently acting trustee;\n\n 4. The powers of the trustee;\n\n 5. The revocability or irrevocability of the trust and the identity of any\n person holding a power to revoke the trust;\n\n 6. The authority of cotrustees to sign or otherwise authenticate and whether\n all or less than all are required in order to exercise powers of the trustee;\n\n 7. The trust’s taxpayer identification number; and\n\n 8. The manner of taking title to trust property.\n\nB. A certification of trust may be signed or otherwise authenticated by any\ntrustee.\n\nC. A certification of trust shall state that the trust has not been revoked,\nmodified, or amended in any manner that would cause the representations\ncontained in the certification of trust to be incorrect.\n\nD. A certification of trust need not contain the dispositive terms of a trust.\n\nE. A recipient of a certification of trust may require the trustee to furnish\ncopies of those excerpts from the original trust instrument and later amendments\nthat designate the trustee and confer upon the trustee the power to act in the\npending transaction.\n\nF. A person who acts in reliance upon a certification of trust without knowledge\nthat the representations contained therein are incorrect is not liable to any\nperson for so acting and may assume without inquiry the existence of the facts\ncontained in the certification. Knowledge of the terms of the trust may not be\ninferred solely from the fact that a copy of all or part of the trust instrument\nis held by the person relying upon the certification.\n\nG. A person who in good faith enters into a transaction in reliance upon a\ncertification of trust may enforce the transaction against the trust property as\nif the representations contained in the certification were correct.\n\nH. A person making a demand for the trust instrument in addition to a\ncertification of trust or excerpts is liable for damages if the court determines\nthat the person did not act in good faith in demanding the trust instrument.\n\nI. This section does not limit the right of a person to obtain a copy of the\ntrust instrument in a judicial proceeding concerning the trust.\n\nHISTORY: 2005, c. 935, \u00a7 55-550.13; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}