RSA 564-B:10-1013 · Certification of Trust

564-B:10-1013 Certification of Trust. –

Copy link

(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:

Copy link

(1)

that the trust exists and the date the trust instrument was executed;

Copy link

(2)

the identity of the settlor;

Copy link

(3)

the identity and address of the currently acting trustee;

Copy link

(4)

the powers of the trustee;

Copy link

(5)

the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;

Copy link

(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;

Copy link

(7)

the trust's taxpayer identification number; and

Copy link

(8)

the manner of taking title to trust property.

Copy link

(b)

A certification of trust may be signed or otherwise authenticated by any trustee.

Copy link

(c)

A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

Copy link

(d)

A certification of trust need not contain the dispositive terms of a trust.

Copy link

(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 which designate the trustee and confer upon the trustee the power to act in the pending transaction.

Copy link

(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.

Copy link

(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.

Copy link

(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.

Copy link

(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.

Copy link

(j)

Instead of the certification of trust described in subsection (a), a certificate described in subsection (k) shall protect persons dealing with a trustee in connection with the conveyance of real or personal property as provided in subsection (k). Nothing in this section is intended to expand, limit, or otherwise affect the provisions of subsection (k).

Copy link

(k)

The filing by a trustee of a written certificate signed by the trustee, filed and recorded as hereinafter set forth and in substantially the following form shall be conclusive evidence and notice to all third parties that the trustee named therein and the trustee's successors have full and absolute power to convey any interest in real estate and improvements thereon held by the trustee and no third person or purchaser, without actual knowledge to the contrary, shall be obligated to further inquire as to the power or authority of the trustee to convey or to see to the application of any trust assets paid or delivered to the trustee. The undersigned trustee(s) as Trustee(s) under the Trust created by __________ as grantor under trust agreement dated _____ , and thereto have full and absolute power in said trust agreement to convey any interest in real estate and improvements thereon held in said trust and no purchaser or third party shall be bound to inquire whether the trustee has said power or is properly exercising said power or to see to the application of any trust asset paid to the trustee for a conveyance thereof. _____ , Trustee

Copy link

(1)

A similar certificate filed by any successor to the trustee named in an original or any subsequent certificate shall have the same effect as the original certificate. Such a certificate, in writing, executed with the formalities required for a deed of real property by the trustee or trustees of the trust and recorded in the registry of deeds in the county in which the real estate and improvements lie shall conclusively establish the power of the trustee to convey said real estate and improvements as set forth above.

Copy link

(2)

A written certificate signed by a trustee with signature sworn to before a notary public, delivered to the transferee or a transfer agent in substantially the following form, shall be conclusive evidence and notice to all third parties that the trustee named therein and the trustee's successors have full and absolute power to convey any interest in personal property, tangible or intangible, held by the trustee and no third person or purchaser, without actual knowledge to the contrary, shall be obligated to further inquire as to the power or authority of the trustee to convey or to see to the application of any trust assets paid or delivered to the trustee. The undersigned trustee(s) as Trustee(s) under the _____ Trust created by _____ as grantor under trust agreement dated, and thereto have full and absolute power in said trust agreement to convey any interest in personal property held in said trust and no purchaser or third party shall be bound to inquire whether the trustee has said power or is properly exercising said power or to see to the application of any trust asset paid to the trustee for a conveyance thereof. _____ , Trustee

Copy link

(3)

A similar certificate signed by any successor to the trustee named in an original or any subsequent certificate shall have the same effect as the original certificate. Such a certificate, in writing, sworn to, and delivered in the same manner as the prior trustee's certificate, shall conclusively establish the power of the successor trustee to convey said personal property. Source. 2004, 130:1. 2005, 270:32, eff. Sept. 20, 2005. 2024, 292:12, 15, eff. Sept. 24, 2024.

Copy link