456.10-1013. Certification of trust. - Missouri Statutes

Certification of trust.

456.10-1013. 1. Instead of furnishing a copy of the trust instrumentto a person other than a beneficiary, the trustee may furnish to the persona certification of trust containing the following information:

(1) that the trust exists and the date the trust instrument wasexecuted;

(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 identityof any person holding a power to revoke the trust;

(6) the authority of cotrustees to sign or otherwise authenticate andwhether all or less than all are required in order to exercise powers ofthe trustee;

(7) the trust's taxpayer identification number; and

(8) the manner of taking title to trust property.

2. A certification of trust must be signed by all the trustees. Athird party may require that the certification of trust be acknowledged orguaranteed.

3. A certification of trust must state that the trust has not beenrevoked, modified, or amended in any manner that would cause therepresentations contained in the certification of trust to be incorrect.

4. A certification of trust need not contain the dispositive terms ofa trust.

5. A recipient of a certification of trust may require the trustee tofurnish copies of those excerpts from the original trust instrument andlater amendments which designate the trustee and confer upon the trusteethe power to act in the pending transaction.

6. A person who acts in reliance upon a certification of trustwithout knowledge that the representations contained therein are incorrectis not liable to any person for so acting and may assume without inquirythe existence of the facts contained in the certification. Knowledge ofthe terms of the trust may not be inferred solely from the fact that a copyof all or part of the trust instrument is held by the person relying uponthe certification.

7. A person who in good faith enters into a transaction in relianceupon a certification of trust may enforce the transaction against the trustproperty as if the representations contained in the certification werecorrect.

8. A person making a demand for the trust instrument in addition to acertification of trust or excerpts is liable for damages if the courtdetermines that the person did not act in good faith in demanding the trustinstrument.

9. This section does not limit the right of a person to obtain a copyof the trust instrument in a judicial proceeding concerning the trust.

(L. 2004 H.B. 1511)

Effective 1-01-05