                                 CODE OF VIRGINIA

CERTIFICATION OF TRUST (§ 64.2-804)

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 trust&#8217;s taxpayer identification number; and

   8. 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C. A certification of trust shall state that the trust has not been revoked,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. 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 upon the trustee the power to act in the
pending transaction.

F. 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.

G. 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.

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.

HISTORY: 2005, c. 935, § 55-550.13; 2012, c. 614.