eLaws of Florida

  SECTION 736.1017. Certification of trust.  


Latest version.
  • 1(1) 2Instead 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:
    33(a) 34The trust exists and the date the trust instrument was executed.
    45(b) 46The identity of the settlor.
    51(c) 52The identity and address of the currently acting trustee.
    61(d) 62The powers of the trustee.
    67(e) 68The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.
    88(f) 89The 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.
    115(g) 116The manner of taking title to trust property.
    124(2) 125A certification of trust may be signed or otherwise authenticated by any trustee.
    138(3) 139A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
    172(4) 173A certification of trust need not contain the dispositive terms of a trust.
    186(5) 187A recipient of a certification of trust may require the trustee to furnish copies of any excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction.
    229(6) 230A person who acts in reliance on a certification of trust without knowledge that the representations contained in the certification 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 on the certification.
    310(7) 311A person who in good faith enters into a transaction in reliance on a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
    346(8) 347This section does not limit the right of a person to obtain a copy of the trust instrument when required to be furnished by law or in a judicial proceeding concerning the trust.
History.-s. 10, ch. 2006-217.

Bills Cite this Section:

None

Cited by Court Cases:

None