Trustee providing others proof of existence of a trust

The trustee is generally not required to provide a copy of the trrust to people dealing with the trustee to prove it’s validity.

Instead a Certification of Trust may be used that is signed by the Trustee(s) and notarized.  Such Certification of Trust shall contain the following:

(1) An affirmation of the current existence of the trust and the date on which the trust came into existence;
(2) The identity of the settlor or settlors;
(3) The identity and address of the currently acting trustee or trustees and may contain the identity and address of the named successor trustee or trustees or a statement that no successor is named;
(4) The administrative or managerial powers of the trustee in a pending transaction or relevant to the request;
(5) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;
(6) When there are multiple trustees or multiple successor trustees, the signature authority of the trustees indicating whether all or less than all of the currently acting trustees are required to sign in order to exercise various powers of the trustee;
(7) Where there are successor trustees designated, a statement detailing the conditions for their succession or a statement that a third party may rely on the authority of one or more successors without proof of their succession;
(8) The trust’s Taxpayer Identification Number, whether a social security number or Employer Identification Number, but only if the trust’s identification number is essential to the transaction for which the request for the trust document is made;
(9) The name in which title to trust property may be taken; and
(10) A statement that, to the best of the trustee’s knowledge, the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

The certification of trust shall not be required to contain the dispositive provisions of a trust that set forth the distribution of the trust estate.

The trustee offering the certification of trust may provide copies of all or any part of the trust document and amendments, if any. Nothing in this section is intended to require or imply an obligation to provide dispositive provisions of the trust or a copy of the entire trust documents and amendments.

A person who relies on the contents of the Certification, even if incorrect, is not liable and can assume the contents are true unless the person has actual knowledge some contents are not true. The beneficiaries can sue the trusteee for loses resulting from an incorrect Certification.

A person who replies on the Certification without actual knowledge it contains inaccurate information can recover any costs, damage, attorney fees, or other expenses incurred in defending any action by the beneficiaries.

A person does not have to request a Cetification and is not liable acting on representations, or actions, of the trustee.

There is no prohibition of the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.

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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.