Certification of Trust by Trustee

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Trusts
  5. Trustees' Duties and Powers
  6. Certification of Trusts
  7. Certification of Trust by Trustee

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  1. The trustee may present a certification of trust to any person other than a beneficiary in lieu of providing a copy of the trust instrument to establish the existence of the trust provisions.
  2. The certification of trust provided for in subsection (a) of this Code section shall contain some or all of the following information:
    1. That the trust exists and the date of the trust and any amendments;
    2. The identity of each settlor;
    3. The identity and address of each current trustee and, if more than one, the number and identity of those required to exercise the powers of the trustee;
    4. The relevant powers of the trustee and any restrictions or limitations on those powers;
    5. The revocability or irrevocability of the trust;
    6. How trust property should be titled;
    7. Except as specifically disclosed in the certification, that the transaction at issue requires no consent or action by any person other than the certifying trustee; and
    8. Such other information as the trustee deems appropriate.
  3. A certification of trust:
    1. Shall be signed by each trustee;
    2. Shall state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification to be incorrect; and
    3. Need not contain the dispositive provisions of the trust.
  4. The recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and any amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction.
  5. A person who acts in reliance upon the certification of trust without knowledge that any information therein is incorrect shall not be liable to any person for so acting and may assume without inquiry that the information is correct.
  6. A person who in good faith enters into a transaction in reliance upon the certification of trust may enforce the transaction as if the information in the certification were correct.
  7. A person making a demand for the trust instrument in addition to a certification of trust or excerpts shall be liable for damages, including court costs and attorney's fees, if the court determines that such demand was not made in good faith.
  8. This Code section shall not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.
  9. A certification of trust in recordable form may be recorded in the office of the clerk of superior court.

(Code 1981, §53-12-280, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142.)

The 2011 amendment, effective May 13, 2011, part of an Act to revise, modernize, and correct the Code, substituted "trust provided" for "trust as provided" in the introductory language of subsection (b).


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