CERTIFICATION OF TRUST

Pursuant to Florida Statutes Section 736.1017

// GUIDANCE: Florida Statutes § 736.1017 is part of the Florida Trust Code (Chapter 736),
// enacted effective July 1, 2007, replacing the former Florida Trust Act (Chapter 737).
// The Florida Trust Code is based in part on the Uniform Trust Code. Practitioners should
// confirm that no legislative amendments have been enacted since this template was drafted.

STATE OF FLORIDA

COUNTY OF [________________________________]

I. TRUST EXISTENCE AND IDENTIFICATION

The undersigned Trustee(s) of the trust described herein hereby certify, pursuant to Florida Statutes Section 736.1017, the following:

1. Trust Existence:

A trust exists under the name: [________________________________] (the "Trust").

// GUIDANCE: Florida Statutes § 736.1017(1)(a) requires evidence that the trust exists
// and the date the trust instrument was executed.

2. Date of Execution:

The Trust instrument was originally executed on [__/__/____].

3. Situs of Trust:

The situs of the Trust is in the State of Florida, County of [________________________________].

// GUIDANCE: Florida law determines situs based on the principal place of trust administration.
// Under Florida Statutes § 736.0108, the trustee may transfer the principal place of
// administration. Confirm the current situs is correctly stated.

4. Amendments and Restatements:

☐ The Trust has not been amended since its original execution.

☐ The Trust has been amended. The dates of all amendments are as follows:

☐ The Trust has been completely restated. The date of the most recent restatement is: [__/__/____].

5. Governing Law:

The Trust is governed by the laws of the State of Florida, including the Florida Trust Code (Florida Statutes Chapter 736).

II. SETTLOR IDENTIFICATION

// GUIDANCE: Florida Statutes § 736.1017(1)(b) requires identification of the settlor.
// Florida uses the term "settlor" as defined in Florida Statutes § 736.0103(20).

6. Identity of Settlor(s):

The Settlor(s) of the Trust is/are:

7. Settlor Status:

☐ Settlor is living.

☐ Settlor is deceased. Date of death: [__/__/____]. County of domicile at death: [________________________________], Florida.

☐ Co-Settlor is living.

☐ Co-Settlor is deceased. Date of death: [__/__/____].

III. TRUSTEE IDENTIFICATION AND ADDRESS

// GUIDANCE: Florida Statutes § 736.1017(1)(c) requires identification of the currently
// acting trustee AND their address. This is a mandatory statutory element.

8. Currently Acting Trustee(s):

The currently acting Trustee(s) of the Trust is/are:

9. Trustee Type:

☐ Individual Trustee(s)

☐ Corporate Trustee — Name of Institution: [________________________________]

    ☐ State-chartered trust company

    ☐ National bank with trust powers

    ☐ Other: [________________________________]

// GUIDANCE: Florida has specific provisions for corporate trustees. Under Florida
// Statutes § 660, trust companies must be properly licensed by the Office of
// Financial Regulation.

10. Trustee Succession:

The currently acting Trustee(s) named above is/are serving as:

☐ Original Trustee(s) named in the Trust instrument.

☐ Successor Trustee(s), having succeeded to office pursuant to the terms of the Trust instrument.

11. Manner of Trustee Succession (if applicable):

☐ Death of prior Trustee

☐ Resignation of prior Trustee

☐ Incapacity of prior Trustee

☐ Removal of prior Trustee

☐ Not applicable — original Trustee(s) currently serving

☐ Other: [________________________________]

IV. POWERS OF THE TRUSTEE

// GUIDANCE: Florida Statutes § 736.1017(1)(d) requires disclosure of the powers of
// the trustee. Under the Florida Trust Code, trustee powers are found in
// Florida Statutes §§ 736.0816-736.0817.

12. Trustee Powers:

The Trust instrument grants the Trustee(s) the following powers, which include but are not limited to:

(a) The power to collect, hold, and retain trust property, including property in which the Trustee has a personal interest (Fla. Stat. § 736.0816(2));

(b) The power to acquire property, including real property and interests in real property (Fla. Stat. § 736.0816(3));

(c) The power to sell, exchange, lease, convey, or otherwise dispose of trust property (Fla. Stat. § 736.0816(6)-(8));

(d) The power to borrow money and encumber or grant a security interest in trust property, including the power to execute promissory notes, mortgages, and security agreements (Fla. Stat. § 736.0816(11));

(e) The power to deposit trust funds in accounts at financial institutions (Fla. Stat. § 736.0816(10));

(f) The power to invest and reinvest trust assets in any kind of property or investment (Fla. Stat. § 736.0816(4));

(g) The power to manage, develop, improve, and subdivide real property and to dedicate land for public use (Fla. Stat. § 736.0816(5));

(h) The power to enter into leases, including leases extending beyond the term of the trust (Fla. Stat. § 736.0816(7));

(i) The power to grant easements and release, convey, or assign rights of the trust (Fla. Stat. § 736.0816(8));

(j) The power to insure trust property against damage or loss and to insure the Trustee against liability (Fla. Stat. § 736.0816(14));

(k) The power to employ persons, including attorneys, auditors, advisers, and agents (Fla. Stat. § 736.0816(20));

(l) The power to execute and deliver all instruments necessary to carry out any power granted herein (Fla. Stat. § 736.0816(24));

(m) The power to prosecute, defend, or participate in legal actions (Fla. Stat. § 736.0816(21)); and

(n) All other powers conferred by the Trust instrument and applicable Florida law.

☐ The Trust instrument grants additional specific powers relevant to the current transaction:

[________________________________]

V. REVOCABILITY OF THE TRUST

// GUIDANCE: Florida Statutes § 736.1017(1)(e) requires disclosure of revocability or
// irrevocability and the identity of any person holding a power to revoke.
// Under Florida Statutes § 736.0602, a settlor may revoke or amend a revocable trust
// by substantial compliance with a method provided in the trust or, if the trust does
// not provide a method, by a later will or codicil, or any other method manifesting
// clear and convincing evidence of the settlor's intent.

13. Revocability Status:

☐ The Trust is revocable. The following person(s) hold the power to revoke the Trust:

    Name(s): [________________________________]

    Method of revocation specified in the Trust instrument: [________________________________]

☐ The Trust is irrevocable and may not be revoked.

☐ The Trust became irrevocable upon the death of the Settlor on [__/__/____].

☐ The Trust became irrevocable by its own terms effective [__/__/____].

14. Amendment Authority:

☐ The Trust may be amended by the following person(s): [________________________________]

☐ The Trust may not be amended.

// GUIDANCE: Under Florida Statutes § 736.0602(3)(b), if a revocable trust is created
// or amended by more than one settlor, each settlor may revoke or amend the trust only
// to the extent of that settlor's contribution to the trust, unless the terms of the
// trust provide otherwise.

VI. AUTHORITY OF CO-TRUSTEES

// GUIDANCE: Florida Statutes § 736.1017(1)(f) requires disclosure of whether all or
// less than all co-trustees are required to exercise powers of the trustee.
// Under Florida Statutes § 736.0703, co-trustees who are unable to reach a
// unanimous decision may act by majority decision.

15. Co-Trustee Signature Authority:

☐ There is only one currently acting Trustee.

☐ There are multiple currently acting Trustees. The signature authority is as follows:

    ☐ All currently acting Trustees must act unanimously to exercise any power.

    ☐ Any one Trustee may act alone to exercise any power.

    ☐ A majority of the currently acting Trustees may act to exercise powers pursuant to Florida Statutes § 736.0703(1).

    ☐ The signature authority is as follows: [________________________________]

VII. MANNER OF TAKING TITLE

// GUIDANCE: Florida Statutes § 736.1017(1)(g) requires the manner in which title to
// trust property should be taken. Florida Statutes § 689.071 governs the manner in
// which trust real property interests may be held and conveyed.

16. Title to Trust Property:

Title to assets of the Trust should be taken in the following manner:

[________________________________], as Trustee of the [________________________________], dated [__/__/____]

// GUIDANCE: For Florida real property, the standard vesting is:
// "[Trustee Name], as Trustee of the [Trust Name] dated [Date]"
// Under Florida Statutes § 689.071, a trustee of an express trust may convey,
// lease, or mortgage the trust's real property in the name of the trust or the
// name of the trustee without disclosing the beneficiaries.

VIII. TAX IDENTIFICATION

17. Taxpayer Identification Number:

☐ The Settlor's Social Security Number (for revocable grantor trusts): XXX-XX-[________________________________]

☐ The Trust's Employer Identification Number (EIN): [________________________________]

IX. FLORIDA HOMESTEAD DISCLOSURE

// GUIDANCE: Florida has uniquely strong constitutional homestead protections under
// Article X, Section 4 of the Florida Constitution. These protections affect
// trust property and must be addressed. This section is critical for Florida
// real property transactions.

18. Homestead Status:

☐ The Trust does not own or hold any interest in Florida homestead property.

☐ The Trust owns or holds an interest in Florida homestead property located at:

    Property Address: [________________________________]

    County: [________________________________]

    Legal Description: [________________________________]

// GUIDANCE: Under Florida law, homestead property held in a revocable trust retains
// its homestead character and protections. The trustee of a revocable trust holding
// homestead property is subject to the same restrictions on alienation and devise
// that apply to the settlor under Article X, Section 4 of the Florida Constitution.
// Careful review is required before any transaction involving trust-held homestead.

X. REPRESENTATIONS AND WARRANTIES

19. The undersigned Trustee(s) hereby represent and warrant that, pursuant to Florida Statutes Section 736.1017:

(a) The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect;

(b) The information contained in this Certification of Trust is true and correct as of the date of execution;

(c) The Trustee(s) have the authority to act on behalf of the Trust in connection with the transaction or matter for which this Certification of Trust is being presented;

(d) There are no pending or threatened judicial proceedings that would affect the Trustee(s)' authority to act on behalf of the Trust;

(e) No court has issued any order limiting or modifying the powers of the Trustee(s);

(f) The Trustee(s) have not received written notice of any claim or dispute regarding the validity of the Trust or the authority of the Trustee(s); and

(g) The undersigned understand(s) the legal consequences of making false representations in this Certification.

XI. INFORMATION NOT REQUIRED TO BE DISCLOSED

20. Pursuant to Florida Statutes Section 736.1017(3), this Certification of Trust need not contain the dispositive terms of the Trust. The undersigned Trustee(s) specifically decline to disclose:

(a) The identity of the beneficiaries of the Trust;

(b) The dispositive terms and provisions of the Trust;

(c) The specific distribution provisions of the Trust; and

(d) Any other terms not relevant to the pending transaction.

// GUIDANCE: Under Florida Statutes § 736.1017(4), a recipient of this certification
// MAY require the trustee to furnish copies of excerpts from the trust instrument
// and later amendments that designate the trustee and confer the power to act in
// the pending transaction. A recipient may NOT require a full copy of the trust.

XII. THIRD-PARTY RELIANCE AND PROTECTION

21. Pursuant to Florida Statutes Section 736.1017:

(a) A person who acts in reliance upon this Certification without knowledge that the representations contained herein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained herein (Fla. Stat. § 736.1017(6));

(b) A person who in good faith enters into a transaction in reliance upon this Certification may enforce the transaction against the trust property as if the representations contained herein are correct (Fla. Stat. § 736.1017(7));

(c) A person making a demand for the full Trust instrument in addition to this Certification, where no reasonable basis for the demand exists, is liable for damages including attorney's fees incurred as a result of the refusal to accept this Certification (Fla. Stat. § 736.1017(8)).

XIII. SUCCESSOR TRUSTEE PROVISIONS

22. Designated Successor Trustees:

☐ The Trust instrument designates the following successor Trustee(s):

☐ Successor trustee information is not disclosed in this Certification.

XIV. EXECUTION

// GUIDANCE: Florida Statutes § 736.1017(2) provides that a certification of trust may
// be signed or otherwise authenticated by any trustee. While not all trustees are
// required to sign, best practice is to include signatures from all acting trustees
// when possible. For real property transactions, the document should be witnessed
// by two witnesses and notarized per Florida Statutes § 689.06.

IN WITNESS WHEREOF, the undersigned Trustee(s) of the Trust identified herein have executed this Certification of Trust as of [__/__/____].

TRUSTEE:

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

TRUSTEE (if applicable):

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

WITNESSES:

// GUIDANCE: Florida requires two witnesses for conveyances of real property under
// Florida Statutes § 689.01. Including witnesses is strongly recommended for any
// certification related to real property transactions.

Witness 1 Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Witness 2 Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

XV. NOTARIAL ACKNOWLEDGMENT

// GUIDANCE: Florida notarial acknowledgments must comply with Florida Statutes § 117.05.

STATE OF FLORIDA

COUNTY OF [________________________________]

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization this [__/__/____], by [________________________________], who is/are personally known to me or who has/have produced [________________________________] as identification.

// GUIDANCE: Florida Statutes § 117.05(5)(b) requires the notary to indicate whether
// the principal is personally known to the notary or produced identification.
// Florida also permits remote online notarization (RON) under Florida Statutes § 117.265.

Notary Public, State of Florida

Printed Name: _______________________________________________

My Commission Number: [________________________________]

My Commission Expires: [__/__/____]

(Notary Seal)

XVI. FLORIDA-SPECIFIC NOTES AND REQUIREMENTS

// GUIDANCE: Review and customize these notes as applicable to the specific transaction.

Important Florida Legal Notes:

1. Florida Trust Code. This Certification is authorized by Florida Statutes Section 736.1017, part of the Florida Trust Code (Chapter 736), effective July 1, 2007.

2. Recording Requirements for Real Property. Under Florida Statutes Section 689.06, a memorandum of trust (or certification of trust) may be recorded in the official records of any county in which the trustee holds real property. Recording provides constructive notice.

3. Homestead Protections. Article X, Section 4 of the Florida Constitution provides strong homestead protections that apply to property held in revocable trusts. The trustee cannot sell, mortgage, or otherwise encumber homestead property without complying with the constitutional restrictions on alienation, including spousal joinder requirements.

4. Documentary Stamp Tax. Under Florida Statutes Chapter 201, transfers to or from a revocable living trust where the settlor is the beneficiary may be exempt from documentary stamp taxes. Confirm with a tax adviser for each transaction.

5. Elective Share. Florida Statutes Section 732.2035 includes trust assets in the elective estate calculation. This may affect transfers of trust property.

6. Remote Online Notarization. Florida permits remote online notarization (RON) under Florida Statutes Section 117.265. A certification of trust may be notarized remotely using approved RON technology.

7. Trustee's Duty to Inform. Under Florida Statutes Section 736.0813, the trustee has certain duties to inform and account to beneficiaries. However, these duties do not require the trustee to disclose the full trust instrument to third parties.

8. Foreign Trusts. If the trust was established under the laws of another state but holds Florida property, additional requirements may apply, including compliance with Florida Statutes Section 736.0107 (governing law and principal place of administration).

This Certification of Trust is made pursuant to, and in compliance with, Florida Statutes Section 736.1017. This document is not a complete copy of the Trust instrument and does not contain the dispositive provisions thereof.

[END OF CERTIFICATION OF TRUST]