Certification of Trust

Effective date: 08/10/2015

New Statute: 760 ILCS 5/8.5

Public Act 99-0337 adds a new section to the Trusts and Trustees Act. In particular, the trustee no longer has to furnish a copy of the trust instrument to a person other than the beneficiary. Instead, the trustee can furnish a certification of trust detailing specific information. The certification of trust must be signed by one or more of the trustees. A third party may require that the certification be acknowledged.

The certification must state that the trust has not been revoked, modified, or amended in any manner that would cause it to be incorrect. It does not need to contain the dispositive terms of a trust. It may require the trustee to furnish copies of those excerpts from the original trust instrument.

A person who acts upon a certification without knowledge of any misrepresentations is not liable. A person can be held liable for making demands for the trust instrument or excerpts from the trust instrument in addition to a certificate of trust, if the court finds that they did not act in good faith.

The Act also provides an example of a certification of trust; it is only a model and does not invalidate other forms for certifications of trusts.